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1964 Supreme(All) 137

D.S.MATHUR
Kanhiya Lal – Appellant
Versus
Satya Narain Panday – Respondent


Advocates:
M. N. Shukla, for Applicants; V. K. S. Chaudhary, for Opposite Party.

Judgement

MATHUR, J. :- This is a revision under Section 115, C.P.C. by Kanhaiya Lal and another, plaintiffs, against the order of the Additional Civil Judge of Kanpur, dismissing their appeal and thereby confirming the order of the Munsiff, City, Kanpur, that the relief for permanent injunction amounts to a consequential relief and court-fee was payable on the market value of the bungalow in suit which had been allotted to Satya Narain Pandey, defendant, for occupation as tenant.

2. The plaintiffs had prayed for the reliefs : firstly, that it be declared that the allotment order passed by the Rent Control and Eviction Officer on 1-3-1960, which was confirmed on 25-7-1960, was void in law; and secondly, that the defendant be restrained by means of a permanent injunction from taking possession of the accommodation in question as a tenant on the basis of the allotment order referred to above.

3. The plaintiffs had, for purposes of jurisdiction, valued the suit at Rs. 600/-, the annual letting value of the bungalow, and for the first relief, paid the court-fee as for a declaratory decree, and for the second, as for a relief for injunction. The second relief was not treated as a consequen














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