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Golam Rahaman Mondal Vs. Srimati Sabekjan Bibi - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in97Ind.Cas.762
AppellantGolam Rahaman Mondal
RespondentSrimati Sabekjan Bibi
Excerpt:
registration act (xvi of 1908), section 77 - suit to enforce registration of deed, nature of--jurisdiction of court--valuation, plaintiff's right to fix--actual value of land immaterial. - 1. in this case we are of opinion that the plaintiff is entitled to put his own valuation of the suit. the suit is not with regard to any land or interest in land. the sole object of the suit was to get a certain documant registered. it was brought under section 77 of the indian registration act. the plaintiff valued the suit at the value of the property as mentioned in the document. under the circumstances we are of opinion that the learned munsif had full jurisdiction to deal with the matter. the rule is, therefore, made absolute and the case is sent back to the court of first instance for hearing on the merits.2. the petitioner is entitled to his costs of this rule hearing-fee, two gold mohurs, costs of the lower courts will abide the final result.
Judgment:

1. In this case we are of opinion that the plaintiff is entitled to put his own valuation of the suit. The suit is not with regard to any land or interest in land. The sole object of the suit was to get a certain documant registered. It was brought under Section 77 of the Indian Registration Act. The plaintiff valued the suit at the value of the property as mentioned in the document. Under the circumstances we are of opinion that the learned Munsif had full jurisdiction to deal with the matter. The Rule is, therefore, made absolute and the case is sent back to the Court of first instance for hearing on the merits.

2. The petitioner is entitled to his costs of this Rule Hearing-fee, two gold mohurs, costs of the lower Courts will abide the final result.


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