Law:

Section:

Jurisdiction-------Pecuniary jurisdiction-Power of Munsif hearing suit limited to jurisdictional value of Fs. 4,000 only-Suit for specific performance of agreement of sale of a house valued at Rs. 4,000-Clause in agreement, however, mentioning consideration to be Rs. 4,000 (value of house) plus power-of attorney for disposal of plaintiff's house at Bareilly (in India) valued by plaintiff himself at Rs. 85,000-Supplementary consideration mentioned in clause, held, had the effect of raising valuation of suit beyond competence of Munsif to try Plaint directed to be returned to plaintiff for presenting same to Court having jurisdiction to try suit-Court Fees Act (VII of 1870), S. 7 (x)(a). D. C. Bhattacharjee, Senior Advocate Supreme Court (M. Nurullah, Advocate Supreme Court with him) instructed by S. M. Abbas, Attorney for Appellants. Respondent No. 1 in person. Respondent No. 2 : Ex parte. Dates of hearing: 12th and 13th August 1968. JUDGMENT FAZLE-AKBAR, C. J.-The facts relevant to this appeal, by special leave, are as follows:- Aqil Ahmad, the respondent herein, filed a suit for specific per­formance of an agreement for sale of a two-storeyed building situate at Municipal. Holding No. 46, Subhas Bose Avenue, Dacca, in the Court of a Munsif, whose powers are limited to suits of jurisdic­tional value of Rs. 4,000 and under. By the above agreement one, Abdul Qayum Khan, predecessor of defendants Nos. 1 to 4, agreed to sell the above house to the plaintiff for a sum of Rs. 4,000 and received Rs. 2,000 as advance. The relevant clause in the said agreement is as follows: "That if my house Holding No. 46, Subhas Bose Avenue, Dacca, is not derequisitioned and its vacant possession not restored to me by the Govt. of East Pakistan by 31st August 1964, then I -shall execute the sale-deed of my aforesaid house in favour of Mr. Aqil Ahmad on 1-9-64 on receipt of the balance of rupees two thousand only (Rs. 2,000) and a power­ of-attorney in my favour for the disposal of the house of Mr. Aqil Ahmad and others situated in Mohalla Beharipur, Bareilly, in U. P. (India) as per Bai-bil-wafa agreement dated 22-12-49 registered by Sub-Registrar of Bareilly on 27-12-49." Default…

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