Jackson, J.

1. Petitioner seeks to stay poceedings in O.S. No. 76 of 1926 on the file of the Court of the District Munsif of Palghat pending the revision of a question of the Court-fee proper to the suit.

2. The plaintiffs sue for a declaration of rights of way and drainage over a certain paramba and for a mandatory injunction ordering defendants to remove the fences, walls, etc., that have been built in defiance of the said rights.

3. The plaintiffs sought to value their suit under Section 7, Clause (iv) (d), Courts Fees Act (VII of 1870)as if it were a simple suit for injunction. The. District Munsif has correctly pointed out that it is a suit for declaration and consequential relief falling under Section 7, Clause (iv)(c) He has then held, applying the Madras provisio, that as the relief sought is with reference to immoveable property the valuation shall not be less than half the value of the immoveable property calculated in the manner provided for by paragraph (u)of the section. Accordingly plaintiffs have been ordered to pay half the value of the paramba, which they have reckoned according to Section 7, Clause (v) (b) at five times the revenue. The petitioner, 6th defendant