(1.) Heard learned Counsel appearing for the Petitioner, learned Counsel appearing for the Respondent No. 1 and also leaned Counsel appearing for the Respondent No. 3, proforma Defendant.
(2.) Learned Counsel appearing for the Petitioner submits that the Petitioner-Plaintiff filed a Title Suit bearing No. 148 of 2002 in the Court of Munsif, Giridih for declaration of right, title and interest over a piece of land having a kachha house constructed by the Plaintiff as well as confirmation of possession. Valuation of the property was given as Rs. 5,000/-.
(3.) The Defendant on putting appearance filed a written statement wherein plea was taken that the house in question had never been constructed by the Plaintiff, rather it was constructed by the Defendant and that it is permanent construction value of which is Rs. 5,00,000/-. On such pleading, prayer was made to decide the valuation of the property as preliminary issue.