( 1 ) THIS appeal arises in the following circumstances. The appellant who was a plaintiff in the Court of first instance, instituted asuit for mandatory injuction directing the defendants to vacate the property in question or in the alternative; for their ejectment from the above property and for a decree for Rs. 590. 00 on account of licence-fee, rent and damages for use and occupation. Value for purposes of jurisdiction and court-fee was fixed in two counts. For relief of mandatory injuction directing the defendants to vacate the property, the value was fixed at Rs. 200. 00 For the purpose of ejectment, value was fixed at Rs. 240. 00 which was stated to be one year s rent.

( 2 ) IN the written statement, a number of preliminary objections were raised apart from the defence on the merits. The suit was pleaded not to be maintainable in the present form and value for purposes of court-fee and jurisdiction was also questioned. These preliminary pleas gave rise to two preliminary issues. On the question of maintainability of the suit in the present form, the decision was given in favour of the plaintiff. It was observed that a suit for mandatory injunction in the circumstances of