SARAT CHANDRA BASU Vs. SREEMATI SWARNOMOYE GHOSE

JUDGEMENT

(1.) In the suit out of which this rule arises the plaintiff, as the owner in possession sued for declaration of title, damages in respect of certain acts of trespass and an injunction. He valued the reliefs sought at Rs.160, namely Rs.95 in respect of the injunction and Rs. 65 by way of damages.

(2.) Both Courts below have held that the valuation of the suit should be the market value of the land to which it relates and as they have found this value to be Us, 4,000, they have held that the suit is not triable in the Court of the Munsif.

(3.) It appears that the plaintiff s immediate predecessor was a lady. According to the plaintiff she had a limited interest while the defendants apparently resist plaintiff s claim on the strength of a miraspatla executed by her.