JUDGMENT :- This second appeal arises out of a suit filed by the appellant for a permanent injunction restraining the respondents from interfering with his possessory rights in the land described in the plaint. The suit was valued at Rs. 140/- for, purposes of jurisdiction and payment of court-fee. The first and this appeal have also been similarly valued. The question for consideration is as to whether the second appeal is competent.

2. The first appellate Court had affirmed the decree of the trial Court and as such the paragraph of the Himachal Pradesh (Courts) Order 1948 applicable to the question under consideration is 32 (1) (b) (ii). According to that provision a second appeal is competent if the value of the suit is rupees one thousand or upwards or the decree of the district Court involves directly some claim to or question respecting property of like value. According to para 2 (vii) of the aforesaid Order, value in relation to a suit means the amount or value of the subject-matter of the suit.

3. The first question that arises for determination is as to what is the value of the subject matter of the suit under consideration. The expression subject matter of suit has not been

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