RAGHUBAR DAYAL, J.:-

This is a reference under S.6-C(1), Court Pees Act by the Chief Controlling Revenue Authority in Suit No.114 of 1951, Thakur Shri Krishna Chandraji v. Shyam Behari Lal, in the Court of the First Civil Judge, Kanpur.

2. Thakur Shri Krishna Chandraji and Bankey Behari Lal filed this suit against Shyam Behari Lal claiming several reliefs, the first two of which are:

"(a) that it be declared that the plaintiff No.2 is the sarbarakar of the plaintiff No.1, (b) that the defendant be removed from the management of the temple of plaintiff No.1 and the charge of the temple and movable therein be handed over to plaintiff No.2 as sarbarakar on behalf of the plaintiff No.1."

Court fee on relief (a) was paid according to Schedule II, Art.17, clause (iii) and on relief (b) according to clause (vi) of the same Article of the Court Pees Act.

3. The Inspector of Stamps reported to the Court concerned that the Court fee paid was insufficient and it ought to have been paid in accordance with the provisions of S.7(iv)(a) Court Fees Act on the market-value of the property as the reliefs in the suit were for declaration that plaintiff No.2 was the sarbarkar of plaintiff No.1 and