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1951 Supreme(All) 4

AGARWALA
NATH SINGH – Appellant
Versus
KASHI NATH RAO – Respondent


Advocates Appeared:
Amar Nath Kaul, G.N.KUNZRU, S.N.Singh

AGARWALA, J.

( 1 ) THIS is a pltfs appeal arising out of an order demanding extra court-fee from them.

( 2 ) IN the suit the pltfs claimed two reliefs, (1) a perpetual injunction restraining defts 5 to 9 from interfering with the user of the land in dispute by the pltfs and other members of the Hindu community and restraining them from making any construction thereon which would have the effect of changing the present condition of the said land, and for (2) a perpetual injunction ordering the defts 5 to 9 to demolish the wall A B and A C and to repair the portions of the temple and Dharamshala alleged to have been dismantled by them. The pltfs valued the suit for purposes of jurisdiction at Rs. 5100/- and for purposes of payment of court-fee at Rs. 507- for each of the reliefs.

( 3 ) THERE was an objection with regard to court-fee. The Ct below held that the value of relief No. 2 was correct but that of relief No. 1 was low. It appointed a comr. to ascertain the value of the land involved in the case. The comr reported that the value of the land was Rs. 16260/7/ -. The Ct below held that the pltfs should have valued relief No. 1 at 1/10th of this amount, that is, at Rs. 1626/-/81/2









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