JAGDISH Vs. BRIJ LAL

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 27.9.2005 passed by the learned Additional District Judge, Kaithal directing the parties to fix advalorem court fee as the suit was for possession and relief of mandatory injunction could not be granted in the suit.

(2.) LEARNED counsel for the petitioner placed reliance on the judgment of Hon'ble High Court of Rajasthan in Puran Mal Modi v. Rajasthan Investors Pvt. Ltd., 2005(1) RCR(Rent) 496 : 2005(2) RCR (Civil) 490 to contend that after revocation of licence an owner is entitled to seek possession by way of mandatory injunction and the court fee would be as required in the case of suit for mandatory injunction. Paras No. 7 and 8 of the said judgment read as under:-