Decided on December 02,1970

Laishram Aber Singh Appellant
Pebam Subhas Chandra Singh And Others Respondents


R.S. Bindra, J. - (1.) Two real brothers, P. Subhas Chandra Singh and P. Phulendra Singh, the grandsons of P. Gokulchand Singh, who was admittedly the owner of the property in dispute, filed a suit for declaration of their title to that property and by way of consequential relief they prayed for possession thereof. The property is at present in occupation of L. Aber Singh, who was cited as defendant No. 1 in the plaint. L. Aber Singh pleaded in his written statement that he had purchased the property from the plaintiffs per registered deed dated 21 -12 -1962 through their mother Tamubi Devi, the defendant No. 1, who acted as their guardian, they being minors on the date of sale and their father having died. The plaintiffs' allegation in that respect was that their mother had no authority to sell the property either in her own right or in her capacity as their guardian. The suit was valued at Rs. 350/ - both for the purposes of court -fee and jurisdiction on the basis that the suit fell under Sec. 7 (iv) (c) of the Court -Fees Act.
(2.) The defendant No. 1 L. Aber Singh alleged in Para. 8 of his written statement that the property in dispute being of the market value of Rs. 3,000/ - on the date of the institution of the suit, the plaintiffs had undervalued the suit and so had not paid the proper court -fees.
(3.) Issue No. 4 bearing on the valuation of the suit both for the purposes of court -fees and jurisdiction was tried as a preliminary issue. The Munsiff who tried the issue reached the conclusions by his order dated 10 -10 -1969 that the suit falls under Sec. 7 (iv) (c) of the Court -fees Act and so the plaintiff "is at liberty to give his valuation and the said valuation has ordinarily to be accepted by the Courts in computing the court -fees payable in respect of the relief", and added that "All that the Court can see is that the valuation given by the plaintiffs is fair and reasonable having regard to the value of the subject -matter." He, therefore, held that the suit had been properly valued.;

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