SHRI NATH SINGH Vs. KASHI NATH RAO

JUDGEMENT

(1.) This is a pltf's appeal arising out of an order demanding extra court-fee from them.

(2.) In the suit the pltfs claimed two reliefs, (1) a perpetual injunction restraining defts 5 to 9 from interfering with the user of the land in dispute by the pltfs & other members of the Hindu community & restraining them from making any construction thereon which would have the effect of changing the present condition of the said land, & for (2) a perpetual injunction ordering the defts 5 to 9 to demolish the wall A B & A C & to repair the portions of the temple & Dharamshala alleged to have been dismantled by them. The pltfs valued the suit for purposes of jurisdiction at Rs. 5100/- & for purposes of payment of court-fee at Rs. 507- for each of the reliefs.

(3.) There was an objection with regard to court-fee. The Ct below held that the value of relief No. 2 was correct but that of relief No. 1 was low. It appointed a comr. to ascertain the value of the land involved in the case. The comr reported that the value of the land was Rs. 16260/7/-. The Ct below held that the pltfs should have valued relief No. 1 at 1/10th of this amount, that is, at Rs. 1626/-/81/2 & that they had to pay court-fee to the extent of Rs. 193/12/-.