GH DIN Vs. MOHD SYED

JUDGEMENT

(1.) THE only issue that I am at present called upon to determine in this suit for declaration to the effect that the plaintiff continues to be the owner of 2/5th of the property mentioned in Para 2 of the plaint and for permanent injunction restraining defendant No. 1 from interfering with the plaintiffs possession of his share of the property is Issue No 3, which is to the following effect: -

(2.) IT is contended on behalf of defendant No. 1 that the court fees has not been correctly paid on his plaint by the plaintiff, that it was not open to the plaintiff to put separate valuations for reliefs of declaration and injunction, that as the relief of injunction flows directly from the relief of declaration, the suit is governed by section 7(iv) (c) of the Court Fees Act, that as the suit is virtually for the cancellation of the sale deed dated December 16th, 1960, the plaintiff ought to have paid advalorem court fees on Rs. 50,000/ - and that in any case the plaintiff must pay advalorern court fees on the consolidated amount of Rs. 20.100/ - the valuation stated by him in his plaint for purposes ot jurisdiction.

(3.) THE learned counsel appearing on behalf of the plaintiff has on the other hand, urged that the relief of injunction sought by his client is separate and distinct from the relief of declaration, that the former relief does not flow from the latter relief, that the causes of action for the two reliefs which are quite independent are also quite distinct and separate that the suit is neither for cancellation of the sale deed dated Dec. 16th, 1960, nor is it necessary for the plaintiff to seek cancellation of the deed and that the suit has been correctly valued.