ISHWARI PRASAD SINGH Vs. SIR KAMESHWAR SINGH BAHADUR

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council by the plaintiffs in a suit which was decreed by the trial Court but has been dismissed on appeal by the High Court.

(2.) The suit was valued at Rs. 7699 odd and the appeal bears the same valuation. It is contended on behalf of the applicants that they are entitled to leave as a matter of right, because the case falls under para. 2 of Section 110, Civil P.C., that is to say, the decree sought to be appealed from involves a claim or question to and respecting property of more than Rs. 10,000. The plaintiffs brought the suit for a declaration that a certain property could not be attached and sold in execution of the certificate, in certificate case No. 1009 of 1934-35. They rested their claim in the suit to this property on the ground that they had purchased it in execution of a mortgage decree obtained by them against the persons who owned the property. The suit was valued at Rs. 7699 odd, because that was the amount for which the certificate was issued.

(3.) It has, however, been asserted in the applicants petition that the value of the property itself which is liable to be sold is Rs. 52,000 odd. This statement is supported by an affidavit and has not been controverted in this Court on behalf of the proposed respondents. It must therefore be assumed that the property in respect of which the certificate was issued is worth more than Rs. 10,000.