BACHHAN Vs. MUNICIPAL BOARD OF MIRZAPUR

JUDGEMENT

(1.) We have heard the counsel for the plaintiff-appellant in this case in connexion with the office report, dated the 17 of February 1926, regarding the deficiency in the Court-fee in all three Courts. According to the office report there is a deficiency of Rs. 227-8-0 payable by the plaintiff-appellant.

(2.) In our opinion the office report; is correct. The suit was brought for the purpose of obtaining a declaration of title regarding a certain piece of land in Mirzapur and for the declaratory relief Court-fee of Rs. 10 was paid. Further relief was sought in that the plaintiff asked the Court to issue a perpetual injunction restraining of Municipal Board of Mirzapur from interfering in any way with the construction of a chabutra which the plaintiff desired to erect on the land in question.

(3.) In paragraph 7 of the plaint we find the following: For purposes of jurisdiction the value of the thing claimed is Rs, 1,100 and for payment of Court-fee it is Rs, 10, in respect of declaration, and Rs, 10 for the issue of an injunction.