KASHI PRASAD Vs. BAIJU PASWAN
HIGH COURT OF PATNA
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Lakshmikanta Jha, C.J. -
(1.) This application in revision is by the plaintiffs. The suit giving rise to this application was for specific performance of a contract of sale of certain land and for possession thereof with mesne profits from the date of the institution of the suit.
(2.) The plaintiffs' case, in short, is that the defendants first party entered into an agreement in writing and contracted to sell to them the land in dispute by a certain date for a consideration of Rs. 1700/- but they did not perform the contract and sold the land to the defendant second party and put him into possession thereof. On these allegations the suit was instituted in the court of the 2nd Munsif at Bhagalpur, the pecuniary limit of whose juris-diction was Rs. 2000/-.
(3.) The suit was valued at Rs. 1709/-, the amount of the consideration money, and court-fee was. paid thereon under Section 7(x)(a), Court-fees Act. It may be stated that this amount was also the value for the purpose of jurisdiction under Section 8, Suits Valuation Act.;
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