MANDIR SHRI RAGHUNATH JI Vs. DHARMARTH COUNCIL

JUDGEMENT

(1.) THIS is a suit for (a) declaration that the property attached to Mandir Shri Raghunath Ji is in -alienable, being the property in the nature of an endowment and belonging to the deity of Shri Raghunath Ji, (b) Permanent injunction restraining defendants 1 & 3 from granting lease of the said property to defendant No. 2.

(2.) THE plaintiff has valued the suit for purposes of declaration at Rs. 25,000/ - and paid a fixed court fee of Rs.10/ -. He has valued the relief for injunction at Rs.200/ - both for court fee and jurisdiction and paid advalorem court fee on the said amount. The defendants have raised an objection that the valuation for purposes of court fee is insufficient. The following preliminary issue was therefore framed:

(3.) ON behalf of the defendants it is contended that the suit being one for declaration with a consequential relief for injunction, it is governed by section 7 (iv) (c) of the Court Fee Act and as such the court fee was payable on the consolidated amount of Rs. 25,200/ - which represents the total amount at which the plaintiff has valued the plaint for purposes of jurisdiction. In reply it is urged on behalf of the plaintiff that the two reliefs are independent and as such the court fee was payable on them separately.