S GURDEEP SINGH Vs. STATE

JUDGEMENT

(1.) While deciding issue No. "b" on 27-2-1989 it was held that the suit being suit for declaration along with consequential relief of injunction was required to be valued for purposes of Court-fee and jurisdiction in terms of Sec. 7(iv)(c) of the Court-fees Act read with Sec. 8 of the Suits Valuation Act. The plaintiff was directed to properly value the suit and file the amended plaint. In the amended plaint filed the plaintiff has valued the suit for purposes of Court-fees and jurisdiction for the relief of declaration at Rs.9000.00, for mandatory injunction at Rs. 100.00 and for the relief of permanent prohibitory injunction at Rs. 100.00. The total value of the suit for the purposes of Court-fee and jurisdiction has been fixed to be at Rs. 9200.00. Prima facie it was found that the suit had not been properly valued as per direction of the Court dated 27-2-1989.

(2.) Heard the learned counsel for the parties and perused the record.

(3.) The plaintiff had filed the original suit for declaration to the effect that the order of defendant No. 2 dated 29-7-1987 was null, void and ineffective vis-a-vis Govt. order dated 8-1-1985 passed on Cabinet Decision No. 20 of 1985 sanctioning lease of State land measuring 1 kanal 9 marlas and 61 sq. ft. covered by Survey No. 25 read with corrigendum dated 15-1-1986 and for permanent prohibitory injunction restraining the defendant from disposing of the land covered by the said Govt. order in any manner other than the one envisaged by the Govt. order and also for the issuance of permanent mandatory injunction directing the defendant to execute a lease deed in favour of the plaintiff after accepting the lease money amounting to Rs.2,19,200.00 as determined by defendant No. 2. The plaintiff valued the suit for purposes of Court-fee for the relief of declaration at Rs.15.00 and fixed the value for purposes of jurisdiction for that relief at Rs. 2,19,200.00. The suit was separately valued for the reliefs of injunction as prayed.