CHAND JAIN, J.

1. Messrs. Arjan Motors, Malout, through Shri Dilbhajan Singh have filed this petition against the order of the learned Subordinate Judge, First Class, Muktsar, dated 22.01.1974.

2. The only point involved in this petition is whether proper court-fee has been paid by the plaintiff or not. The trial Court has held that the suit, as framed, is for a mandatory injunction and that proper court-fee has been paid. The contention of Mr. S. P. Goyal, learned counsel for the petitioner, is that the suit, as framed, is a suit simpliciter for possession and that the plaintiff was to pay ad valorem court-fee.

3. Mr. Diali Ram Puri, the learned counsel for the respondents, submits that, on the question of court-fee, the defendant has no right to come up in revision and that on such a point revision is not maintainable. In support of his contention, reliance is placed on the decision of their Lordships of the Supreme Court in Rathnavarmaraja V/s. Smt. Vimla, AIR 1961 SC 1299, wherein, on this aspect of the matter, it has been observed thus (at p. 1300) :-

"The Court-Fees Act was enacted to collect revenue for the benefit of the State and not to arm a contesting party with