R.S.NARULA
Sundar Dass – Appellant
Versus
Gurpartap Dass, Defendant – Respondent
1. This is a plaintiff s petition for revision of the order of Shri H. R. Nohria, Subordinate Judge First Class, Amritsar, dated 16.10.1976, deciding the preliminary issue about the valuation of the suit for purposes of court-fee. The plaintiff originally filed a suit for a declaration to the effect that he is the Mahant Gaddi Nashin Akhara Ghamanda Dass alias Beriwala, and is as such entitled to manage its affairs and realise rents and profits of the immovable property with permanent injunction restraining the defendant from interfering in the management of the Akhara and realising rent from the tenants of the Akhara in the shops (the underlined portions were later omitted from the amended plaint).
2. The plaintiff had valued the original suit for purposes of court-fee and jurisdiction at Rs. 130.00. The defendant joined issue with the plaintiff about the said valuation. Shri S. K. Chopra, Subordinate Judge First Class, Amritsar, by his order, dated 15.04.1975, deciding that issue, held that the suit is governed by Sec. 7(iv)(c) of the Court-fees Act, 1870 (hereinafter called the Act) and that by virtue of the second proviso added thereto by the Punjab amendment, the valua
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