LAKHAN CHANDRA PRAMANIK Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) THIS Civil Application is against the order dated 16.9.2004 passed by the Additional District and Sessions Judge, Fast Track Court No. V, Dhanbad whereby the appeal has been dismissed upholding the order dated 6.9.2001 passed by the learned Munsif in Title Suit No. 94 of 1993.

(2.) THE case of the petitioner is that he is the plaintiff in Title Suit No. 94 of 1993 and has filed the said suit against the defendant praying decree for permanent injunction restraining the defendant from interfering with the possession of the plaintiffs over Schedule 'C' of the plaint and a decree directing the defendants to execute the deed of exchange in favour of the plaintiffs for equal area of lands as shown in Schedule 'B' of the plaint. The plaintiffs had valued the suit at Rs. 500/ -.

(3.) LEARNED Munsif came to the conclusion that the suit was undervalued and that the suit was beyond his pecuniary jurisdiction. Learned Munsif then ordered to return the plaint to the plaintiff for its presentation before the proper Court by his order dated 6.9.2001. In the said order, learned Munsif recorded two contradictory findings on valuation, one in paragraph No. 6 and another in paragraph No. 7. In paragraph No. 6 he held 'that the property which is 40 kathas of land cannot be valued less than Rs. 30,000/ - but just in the next paragraph i.e. paragraph No. 7 the learned Munsif has observed 'that the value of the suit land should not be less that Rs. 60,00,000/ -.' The learned Munsif did not come to any definite finding regarding the subject matter of the suit. On appeal, filed by the petitioner the lower appellate Court did not take into consideration the same clear contradictions in the order of the learned Munsif and dismissed the appeal, upholding the order of the Munsif. The learned lower appellate Court casually held that the valuation of the suit property was in lacs and as such there is no illegality or defect in the order of the learned Munsif.