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.
Jaggarnath Pershad v. Chitragupta Narain Singh
(High Court Of Judicature At Patna)
| 15-01-1918
Advocate List
Bench
- HON'BLE JUSTICE Roe, J
- HON'BLE JUSTICE Jwala Prasad, J
Eq Citations
- 48 IND. CAS. 141
- LQ/PatHC/1918/15
Head Note
A. Civil Procedure Code, 1908 — Or. 20 R. 10 — Sale of immovable property in execution of decree — Valuation of property — Exercise of jurisdiction — Subordinate Judge directing that value of property should be reckoned at twenty times Government Revenue — Held, this is only a colourable pretence of exercising jurisdiction vested in him by law to ascertain actual value of property and record it in sale proclamation — Subordinate Judge directed to ascertain value of property by reference to rent-roll and Record of Rights showing extent of ziraits and bakasht lands of village — Hindu Law — Execution of decree — Valuation of property
