KRITYANAND SINGH Vs. DINU MANJHI

JUDGEMENT

(1.) The petitioner is the proprietor of Patheria village in Godda pargana in the Santal Parganas. He claims the right to appoint the gorait of the village; but although when a vacancy occurred, he made a nomination. The Sub-divisional Magistrate made another appointment after putting the matter to the vote among the raiyats of the village, and the Magistrate's nominee entered into possession of the goraiti jagir. The proprietor, after contesting the matter before the Deputy Commissioner and the Commissioner, instituted a suit praying for a declaration that in pargana Godda the gorait is the zamindar's servant and that he has the right of appointing him and praying that possession of the goraiti jagir land should be restored to the nominee of the proprietor.

(2.) The suit was valued at Rs. 1,500 as a suit for a declaration with consequential relief. Objection to the valuation was taken in his written statement by the gorait in possession; and the Subordinate Judge found that the value was Rs. 746. He arrived at this figure by valuing the office of the gorait at Rs. 500 and the gorait jagir at Rs. 216. Suits of a value of under a thousand rupees are not triable in the Court of the Subordinate Judge, so that the plaint was returned for presentation in the proper Court.

(3.) The plaintiffs appealed to the District Judge who affirmed the decision of the Subordinate Judge. The District Judge held that the value of the suit was Rs. 246 being the value of the goraiti jagir of which the plaintiffs sought to recover possession. He agreed with the view of the Subordinate Judge that the suit fell under Section 7(4)(c), Court-fees Act, as a suit for a declaration with consequential relief, in which the value of the suit should be held to be the value of the consequential relief claimed by the plaintiffs.