1. This is a petition for revision against an order of the trial Court holding that the suit which has been filed by the petitioner was one for declaration, and injunction has been claimed as a consequential relief and, therefore, ad valoerm Court-fee was payable apparently under S. 7(iv)(c) of the Court-fees Act. It was held that the plaint was not adequately valued for purposes of court-fee and jurisdiction.

2. The plaintiff had instituted a suit for injunction alleging that he was a co-share in the truck to the extent of 1/2 which was in possession of the defendant and that the defendant be restrained from disposing it of. The defendant foiled a written statement denying the claim of the plaintiff and averring that the plaintiff had no interest as an owner in the truck. The Court below was of the opinion that where the property was not in possession of the plaintiff where the defendant also challenged his title, it could not be regarded as a suit for injunction alone. The view of the trial Court does not appear to be sustainable. In the first instance it is well settled that it is only the valuation given by the plaintiff that has to be considered for purposes of decidin