SUCHANDRA BHUSAN KUMAR LAL Vs. LALOO MODI

JUDGEMENT

(1.) This is a decree-holders appeal from an order of the learned District Judge of Bhagalpur dismissing an appeal from a learned Munsif in execution proceedings.

(2.) The decree-holders obtained a mortgage decree against the judgment-debtors for Rs. 1615-14-0 on 7 June 1939, and in the due course proceeded to execute the mortgage decree. There were three items of property comprised in the mortgage and the execution Court proceeded to value these in the execution proceedings separately, and the valuation arrived at in respect of items 2 and 3 have been accepted by the decree-holders, and no question arises on those valuations and the dispute is confined to the valuation of item 1. This item of property consisted of one pakka house and one kaehcha house standing on land of an area of 3 kathas. The decree holders valued the property at Rs. 900 whereas the judgment-debtors valued the pakka house at Rs. 4000 and the kaehcha house at Rs. 2000 making a total value of Rs. 6000 for the two houses and land. After hearing the parties, the learned Munaif valued the property at Rs. 2500. On appeal, the learned District Judge upheld the findings of the learned Munsif and dismissed the appeal.

(3.) Mr. Hareshwar Prasad Sinha has contended that the Courts below wrongly rejected certain kobalas tendered by him and the rejection of such evidence has vitiated the whole of their findings. The learned District Judge points out that the oral evidence of both parties in the case was worthless and that the case would have to be decided entirely upon documentary evidence. Certain documents Exs. 1, 1-a and 1-b bad been put in by the judgment-debtors, and a kabuliyat (Ex. A) had been put in on behalf of the decree-holders.