ADMINISTRATOR GENERAL OF BENGAL Vs. ASHUTOSH BURDHAN ROY

JUDGEMENT

(1.) The suit out of which this application arises, was valued at Rs. 2,162-14-9, and the appeal to this Court, against which it is desired to appeal to His Majesty in Council, was valued at Rs. 2,860-14-9. The decision of this Court on appeal reversed that of the Court of first instance, and, in order that this application for leave to appeal may be granted, it is necessary for the applicant to show that the value is over Rs. 10,000. In order to satisfy us on this point, the applicant in his application states that the decision of this Court indirectly involves a claim to property valued at more than Rs. 10,000, and, secondly, that the present market value of the land, the subject-matter of the suit, is over Rs. 10,000.

(2.) The learned Vakil for the applicant has argued that under the terms of the contract entered into between his client and the opposite party, it was arranged that his clients should be given a lease of all the lands in village Algi, though the greater portion was then covered by the river. The terms of the contract were embodied in the kabuliat of 1837, and all the lands of village Algi were included. At the time of the revenue survey the lands of Algi covered 1180 acres, the value of which would be over Rs. 38,000.

(3.) In our opinion this first contention of the applicant cannot prevail.