ALI MOHD DAR Vs. AB SAMAD TELI

JUDGEMENT

(1.) THE list has been revised, but no one appears for the parties I have gone through the record and considered the matter. In my opinion the order passed by the lower court is justified in Law and must be upheld. The trial court has held that the suit is for declaration with a consequential relief for injunction and as such it falls under section 7 (iv) (c) of the Court Fees Act which gives the plaintiff option to value the relief at his choice, which valuation shall also be the valuation for purposes jurisdiction as envisaged by section 8 of the Suits Valuation Act. There are justifiable grounds for holding so. The suit is for declaration that the plaintiff is the owner -occupier of the disputed land with a further relief for permanent injunction restraining the defendant from interfering with his title and possession and, more particularly, from interfering with the construction of the house over the disputed land under taken by the plaintiff. The relief for injunction clearly flows from the relief for declaration and consequently the suit must be constured as one for declaration of title with consequential relief and the provisions of section 7 (iv) (c) of the Court Fess Act will be attracted to it. In this view there is no merit in this revision petition which is hereby dismissed.