ZARATON NESSA AND ORS. Vs. FAIZUR RAHMAN AND ORS.

JUDGEMENT

(1.) THIS is a petition for leave to appeal from the judgment and decree of this Court in F.A. 17/49, dated 22nd June, 1953 by which the decree of the trial Court was reversed and plaintiffs granted a decree declaring their title to the property in suit and also for its possession.

(2.) THE defendant -petitioners seek leave under Section 110, Civil P.C, read with Article 133(1), Constitution of India. Their case is that the decree of this Court varied the decree of the court below. The appellate decree is not one of affirmance. The value of the subject -matter in suit in the court of the first instance and also on appeal exceeds Rs. 20,000/ -, The claim is that they are entitled to appeal as of right.

(3.) THE case came up for hearing first on 29 -4 -1954. It was then ordered that the market value of the property in dispute be ascertained. The plea of estoppel raised was left for consideration after the ascertainment of the value of the subject -matter. In pursuance of the directions issued by this Court, the Subordinate Judge, L.A.D. enquired into the matter of the valuation. He has submitted his report. His conclusion is that the value of the subject -matter in dispute at all relevant times viz., in the court of first instance and on appeal would not be less than Rs. 30,000/ -.