The valuation of a suit under the Court Fees Act should be based on the substance of the case, rather than the bald averments made in the plaint.

1. This petition of revision arises, in a suit the brief facts on which are as under: -

The plaintiff brought a suit for possession, declaration and injunction on the plea that she was in possession of 1 kanals 6 marlas of land out of Khasra No. 141 land 1 kanal 4 marla out of Khasra No. 326 and half of the first floor of the house situated in Village Naggar (Bhadarwah) as owner because her husband had given it to her in lieu of dower as evidenced by the document executed by her husband on 25th Poh, 2002 (Bikrami) and the remained in its possession ever since till she was- dispossessed about 9 months prior to the institution of the suit. She accordingly prayed that her title to hold the property in lieu of dower be declared and defendant-petitioner restrained from changing the nature of the suit property with a consequential relief of possession. The suit was valued in terms of Sec. 7(iv)(c) of the Court Fees Act, which the defendant objected and one of the issue framed by the trial court is: "whether the suit has been properly valued for the purposes of court fees and jurisdiction?"

2. The trial court held that the suit has been properly valued in terms of Sec. 7(iv)(c) of the Court Fees, Act and the reasons advanced as spelt out in paras 18 and 19 of the order impugned which reads :

18. Before coming to the court, the echo of the above mentioned challenges and denials must be resounding in her ears. In such circumstances she must have been forced and coerced to think that let her go to a court of law to establish and seek a declaration.

(i) That the suit property was given to her by her husband as dowser and she never remitted it.

(ii) That she is entitled to have it under the personal law of the parties and there is no custom to the contrary.

(iii) That the suit property never formed part of the estate of her husband at the time of his death and defendant is not entitled to any part of it as an heir of the deceased.

19. Without getting the above declaration in favour under Section 42 of the Specific Relief Act, she cannot go direct for the reliefs of possession and injunction first she must sue for declaration of her title to the property. When she seeks declaration, then proviso to Section 42 (supra) enjoins upon her to pray for further relief (con-sequential) inherent in the situation. The consequential reliefs are the relief of possession because she has been dispossessed. After getting declaration and possession she is supposed to pray for perpetual injunction as a bulwark against any challenge to her status and possession in the future.

3. Thus, the only question for determination is; whether the suit as brought by the plaintiff is to be valued in terms, of Sec. 7(iv)(c) as held by the trial court or Sec. 7(v) of the Court Fees Act as contended by the defendant - petitioner.

4. The argument of Mr. Kotwal is that the relief of declaration in this case is implictit in the relief of possession because she has based her claim for possession, firstly, that she was dispossessed while in possession and secondly that the suit property was given to her by her husband and she remained in peaceful possession of the same till her forcible dispossession about 9 months prior to the institution of the suit. Mr. Kotwal urged that the plaintiff having pleaded that she was put in possession of the suit property by her husband in lieu of dower and she remained in occupation of the same till the date of dispossession, relief of declaration is not the main relief. The document evidencing that she got it in lieu of dower does not stand in her way to get property on the basis of possessory tide as she claims to have remained in possession of it ever since her marriage more than 40 years ago. Besides she has also pleaded that defendant had no right to hold the property and his possession is only of a tress passer. Thus plaintiff can get a decree for possession on the plea that she was dispossessed while in possession if the defendant is a tress passe

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