S. Murtaza Fazl Ali, J.:

This is an application against an order passed by the City Judge Jammu dated 5-7-1963 in a suit brought by the plaintiffs for a mandatory injunction directing the defendants to vacate the premises. According to the plaintiffs they were the owners of the house in question and had allowed the defendants to occupy the house for a period of 5 to 6 months in the year 2004. Thereafter, they gave a notice dated 1-9-1962 terminating the license and directing the defendants to surrender possession to the owners. A preliminary issue was raised on the question as to how the suit should be valued and the amount of the court fees to be paid on the plaint. The trial court held that the suit was in effect a suit for possession from the defendants and hence a suit for injunction would not lie to eject a licensee. The trial court directed the plaintiffs to amend their plaint and pay court fees in accordance with Section 7(v) of the Court Fees Act. The revision/ was heard by a Single Judge but in view of the substantial question of law involved in it, the case-bas been referred to us.

(2) Learned counsel for the petitioners has-submitted that the present suit for a mandatory i

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