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1998 Supreme(Kar) 422

H.N.TILHARI
SAKINABI – Appellant
Versus
ZEENATHUNNISA – Respondent


Advocates:
B.BHAVANI SHANKAR RAO, B.SHANTHA KUMAR, C.N.SESHAGIRI RAO

H. N. TILHARI, J.

( 1 ) THIS revision application under Section 115, CPC arises from the judgment and order dated 24-1-1994 passed in suit No. 1958/1989. The plaintiffs had filed the suit for declaration for ex parte decree dated 12-9-1995 passed in HRC No. 406/96 on the file of the Additional City Civil Judge, Bangalore, is not binding and executable against the petitioner in respect of either premises No. 298/3 or 298/1, Albert Victor Road, Chamarajpet, Bangalore and for injunction restraining the defendants-respondent and their agents and servants permanently from interfering with the peaceful enjoyment of the property by the plaintiffs and for restoration of possession and for mandatory injunction against the respondent No. 2 directing them to restore back the possession of the property which they have unlawfully taken. The plaintiffs had valued the reliefs claimed in the suit under S. 24 (d) and 24 (c) of the Court-fees Act. The defendants filed objections challenging the valuation given by the plaintiffs and amount of court-fee paid and asserted that this valuation is incorrect and court-fee paid was deficient. The Court observed that the for (sic) possession of the property a






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