Jaggarnath Pershad vs Chitragupta Narain Singh on 15 January, 1918

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78
Patna High Court
Jaggarnath Pershad vs Chitragupta Narain Singh on 15 January, 1918
Equivalent citations: 48 Ind Cas 141
Bench: Roe, J Prasad


JUDGMENT

1. In this case the learned Subordinate Judge has directed that the value of the property should be reckoned at twenty times the Government Revenue. This we can regard only as a colourable pretence of exercising the jurisdiction vested in him by law to ascertain the actual value of the property and record it in the sale proclamation. We should have been willing to ascertain the value for ourselves, but the learned Vakil for the decree-holder asks for a remand that the matter may be properly enquired into. We, therefore, direct the learned Subordinate Judge to ascertain the value of this property by a reference to the rent-roll and to the Record of Rights showing, the extent of the ziraits and bakasht lands of the village. The application is allowed. The decree-holder will pay the costs of the hearing.

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