SRI SRI SATYABHIGNA THEERTHASWAMY VARU OF UTTARADI MUTT BY ALUR MARKAPURAM SRINIVASACHARYULU Vs. MUNDRU NARASAYYA AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition involves a question of court -fee. The plaintiff asked for an injunction restraining the defendants from felling certain trees and shrubs in certain lands. He valued the injunction at Rs. 100 under Section 7(iv)(d) of the Court -Fees Act and paid a court -fee of Rs. 11 -3 -0. The suit was dismissed and the plaintiff filed an appeal in the District Court, Guntur. He valued the appeal similarly and on objection being taken by the court -fee examiner, the learned District Judge directed the plaintiff to value the suit as one for declaration and consequential relief by way of injunction in respect of the land in which the trees stood. This order is objected to by the plaintiff in this Civil Revision Petition.

(2.) IT seems to me that the point involved is very simple. The relevant provision under the notification of the High Court in R.O.C. No. 911/40 -B -1, dated 7th August 1943, is paragraph (2) of the Appendix which is as follows: