JUDGMENT :

Prathiba M. Singh, J.

1. The present case is a classic example of how litigation can be protracted by parties, only with a view to avoid payment of court fee. A case which ought to have been a simple suit for recovery has been designed as a declaratory suit leading to framing of a preliminary issue which is being decided by the present order. The preliminary issue framed in the suit is:

“Issue no.2 - Whether the present suit for declaration in respect of a recovery claim is maintainable in law?”

2. The reliefs prayed for in the suit are as under:

“(a) That the Decree of Declaration may kindly be passed in favour of the plaintiff and against the defendant declaring that the defendant has no right, title or interest in 4475 sq feet and 5000 sq feet commercial area on 3rd and 4th floor of the K-Mall, Link Road, Near Bus Stand, Ludhiana, Punjab respectively in case the past, present and future maintenance charges are not paid to the plaintiff.

or in the alternative

A Decree of Declaration may kindly be passed declaring that the plaintiff is entitled to adjust the unpaid maintenance charges and take back the commercial area from the defendant in view of the Agreement dated 25.05.200