JUDGMENT

S.N. Singh, J. - The above First Appeal From Order and Civil Revision raise the same question of law and have come before us on a reference by a learned Single Judge. The point involved is as to how the suit in each case should be valued for the purposes of jurisdiction.

2. First Appeal From Order arises out of suit No. 371 of 1962 instituted in the Court of Munsif, Bulandshahr. In this suit the plaintiff claimed that defendant should be restrained from constructing any brick kiln in the plot specified at the foot of the plaint. This relief was sought on the allegation that the plaintiff's certain bhumidhari plots over which there stood a grove would be affected by the running of the brick kiln. The plaintiff valued the suit for the purposes of jurisdiction at Rs. 100-, 30 times of the annual land revenue of Rs. 6.68P. payable for the bhumidhari land in dispute. He further valued the suit at Rs. 200/- for the purposes of court fee in terms of Section 7 (1V-B) (b) of the Court Fees Act.

3. This suit was contested by the defendant, inter alia, on the ground that it has been improperly valued. It was asserted in the written statement that the property affected was garden and t