KANHIYA LAL AND ANOTHER Vs. SATYA NARAIN PANDAY

JUDGEMENT

(1.) THIS is a revision under Section 115, C.P.C. by Kanhaiya Lal and another, plaintiffs, against the order of the Additional Civil Judge of Kanpur, dismissing their appeal and thereby confirming the order of the Munsiff, City, Kanpur, that the relief for permanent injunction amounts to a consequential relief and court-fee was payable on the market value of the bungalow in suit which had been allotted to Satya Narain Pandey, defendant, for occupation as tenant.

(2.) THE plaintiffs had prayed for the reliefs : firstly, that it be declared that the allotment order passed by the Rent Control and Eviction Officer on 1-3-1960, which was confirmed on 25-7-1960, was void in law; and secondly, that the defendant be restrained by means of a permanent injunction from taking possession of the accommodation in question as a tenant on the basis of the allotment order referred to above.

(3.) COURT fee payable in a suit for declaration with a consequential relief is computed in the manner laid down in S. 7(iv); of the Court Fees Act (to be referred hereinafter as the Act); in other words, the amount of court fee payable in such a suit shall be according to the amount at which the relief sought is valued in the plaint or meorandum of appeal. It is, however, provided in the first proviso to this Sub-Section that