ARJUN SINGH Vs. PHANI BHUSAN DUTT

JUDGEMENT

(1.) This Rule is directed against an order dated 13 February 1947, passed by the learned Subordinate Judge, 1 Court, Midnapore, whereby he valued a suit brought by the petitioner at Rs. 7,550 for the purposes of court-fees. The question is whether this valuation is correct and it has arisen out of a series of facts which are rather complicated.

(2.) It appears that the plaintiff originally brought a suit in the Court of the 2nd Munsif of Midnapore for recovery of possession of the lands of a certain holding on the allegation that the opposite party had wrongfully dispossessed him there from after serving a notice under Section 87, Ben. Ten. Act. It was alleged that the plaintiff had a right of occupancy in the lands and that he had never abandoned them. The cause-title of the suit described it as a suit for recovery of possession after declaration of the plaintiff's title and an appropriate prayer was included among the prayers made in the plaint. The suit was valued at Rs. 300.

(3.) The opposite party objected to valuation of the suit as given in the plaint and the learned Munsif, proceeding to determine the valuation for the purposes of jurisdiction, held it to be "about Rs. 7000." Acting on that finding, he naturally held that he had no pecuniary jurisdiction to try the suit and directed the plaint to be returned to the plaintiff for presentation to the proper Court. The plaintiff thereupon preferred an appeal against this order, but unsuccessfully. The learned District Judge, who again confined himself to the question of valuation for the purposes of jurisdiction, held that the proper valuation of the suit would be "about Rupees 7550." He left the question of valuation for the purposes of court-fees to be decided by the Court in which the plaint would be ultimately filed.