HANUMAN PRASAD Vs. TH RAGHUBIR SINGH

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a money suit. The respondent sued the appellant on the allegation that he was the Thikanedar of Bissau, having a share in the town of Jhunjhunu. The defendant Hanuman Prasad purchased a house situated in the Pana (Patti) owned by the plaintiff in Jhunjhunu from Bansidhar and Vishweshwarlal an the 2nd of February, 1946. It was alleged that the plaintiff was entitled to Moharana, a kind of tax or cess on sales of immovable property situated his Patti, at the rate of Rs. 15/- per cent on the purchase value of the site and the building. He claimed Rs. 375/- on the allegation that the purchase price was Rs. 2500/-but the defendant had wrongly inserted it as Rs. 1500/- in the sale deed.

(2.) THE defendant, Hanuman Prasad, pleaded that the sale of the house was for Rs. 1500/- only, out of which the price of the site was Rs. 500/- and the balance of Rs. 1000/- was the price of the structure on the land. THE plaintiff's claim for Moharana was denied. THE plaintiff's claim for Moharana was denied. It was pleaded that the plaintiff had no interest in the property sold to the defendant, and there was no custom under which such Moharana could be claimed on sale of property belonging to third parties.