In a suit for declaration and injunction, the court can value the relief if it is not satisfied with the valuation put by the plaintiff. The court can value the relief on the basis of the turnover of the plaintiffs and other traders whom the plaintiffs represent for the period mentioned in the notice.

A. SEETARAM REDDY, J.

( 1 ) "plaintiffs are the revision petitioners, They filed the suit in a representative capacity, inter alia for a declaration that the defendant (Agricultural market Committee, Kandukur) is not entitled to levy or collect and fee or penalty under Sections 12 and 13 of the A. P. Agricultural Produce, and Livestock Markets Act and under Bye-law 24 of the defendant Committee, from the plaintiffs and other traders of tobacco and for consequential relief of permanent injunction. The suit was filed at a time when the Defendant started serving demand notices on the plaintiffs and other tobacco traders for furnishing returns of purchases for the purpose of collecting market-fee at the rate of 20 paise per hundred rupees proposed to be levied as per section 12 (1) of the Act. The suit is, therefore, valued at Rs. 15,500/ and a court-fee of Rs. 1,146/ was paid under Section 24 (d) and Section 20 of the A. P- Court Fees and Suits valuation Act. Thereafter, the check-slip was issued on the ground that the suit is filed in a representative capacity to avert the loss that would be sustained on account of the proposed levy and collection of fees by the defendant and that the reliefs claimed by the plaintiffs and other traders are different from one another and the suit is tiled to avert the payment ot fee proposed to be collected trom each of the traders basing on the returns to be submitted by them. The lower Court passed an order on the check-slip in O. S. No. 31 of 1975 as under:-"it is true that the relief claimed by the plaintiffs for themselves and on behalf of the other traders are distinct subject matters as the tee proposed to be collected trom each one ot them will be basing on the quamum of purchases of tobacco made, wnich will vary from trader 10 trader. It is also true that the sun is tiled to avert the payment of fee proposed 10 be collected by the defendant market committee basing on the return to be submitted by the tobacco traders. If the tobacco traders have already submitted their returns and notices demanding payment of tee have been issued to them. There would have been no difficulty to hold that they have to pay court-tee with reference to the amounts demanded. XX XX XX XX XX XX XX XX XX XX as the suit is filed at the stage of serving notices demanding submission of returns tor levy and collection of tee and as notices demanding payment of lees were not actually issued by the time of the filing ot the suit, it is contended by the learned counsel lor the plaintiffs that the tee payable is not determined by the defendant committee by the time ot tiling of the suit and the relief is not for any specified amount of the market tee and the suit is filed challenging the right ot the defendant to collect the market-fee and the plaintiff are therefore entitled to give notional valuation ot the relief. ". The Lower Court held that the plaintiffs would be correct in their submission if the market-lee payable, or the loss sought to be averted is incapable of determination and that in effect and substance the relief claimed in the suit is to avoid the payment of market-lee though the suit is filed somewhat earlier than the notices demanding payment of market-fee are served on the plaintiffs but that does not make any difference. The lower Court further held. in this suit, as seen from the demand notice filed, the returns asked to be filed in regard to the purchases of tobacco made from the year 1971-72 till time of the notice dated 15-9-1975. The plaintiffs are the accounting parties who have got the date regarding the purchases made. The fee sought to be levied and collected is also definite, namely, at the rate of twenty paise per hundred rupees in respect of the tobacco sales. The tobacco traders are licenced dealers and the tobacco dealers within the area of the defendant market committee can be easily ascertained and on the basis of the sales effected or the tobacco purchased the fee payable according to

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