- (1.) THIS is an appeal by a plaintiff under Section 6a, Court-fees Act. The appellant instituted a suit in the Court of the Civil Judge of Agra, claiming several reliefs of which the following is the only relevant one viz. : "that the plaintiff be delivered possession over the land in dispute marked by letters A, B, C, D, e, F, G, H and shown in red colour in the attached plan by dispossessing defendant 1 therefrom and by the demolition of the constructions made unauthorisedly by her in the portion A, H, G of the said land in dispute. "
(2.) THIS relief was valued at Rs. 6,000/ -. A plea was taken in defence by the defendants that the subject-matter of the suit should be valued at Rs. 60,000/- and not Rs. 6,000/ -. A Commissioner was appointed by the Court to assess the valuation of the subject-matter of the suit and, according to his report, the subject-matter should have been valued at Rs. 21,445/-, Both parties lodged objections against the Commissioner's report. The learned Civil Judge rejected the objections of both parties in a summary judgment and called upon the appellant to pay the deficiency of Rs. 937-8-0 as calculated on the basis of the Commissioner's report. Dissatisfied with this order, the plaintiff has preferred this appeal.
(3.) THE defendants have filed a cross-objection and their contention is that the market value of the land in question should be fixed at Rs. 60,000/ -.;