JUDGMENT :

1. The present appeal is preferred against the judgement and order dated 06.07.2009, passed by the learned Civil Judge (S/D)/1st FTC, Haridwar, in Original Suit No. 75 of 2006, Gurucharan Vs. Manoj, whereby the learned Civil Judge (S/D)/1st FTC, Haridwar, directed the appellant to pay Court Fees as per Section 7(a) of the Court Fees Act, 1870, for seeking relief of taking possession over the property in dispute.

2. Heard learned counsel for the parties and perused the record.

3. The brief facts, giving rise to the present Appeal are that the plaintiff/appellant instituted a Original Suit No. 75 of 2006, before the learned Civil Judge (S/D)/1st FTC, Haridwar, wherein a relief was sought in the nature of mandatory injunction against the defendant nos. 1 to 3, who are the respondents herein, for restraining them from interfering in his possession and remove the unauthorized constructions from the property in question and handover the possession to the plaintiff.

4. I have perused the Original Suit No. 75 of 2006, wherein the following reliefs were sought, the extract of which is being reproduced as under:

5. It is pleaded in the plaint that earlier the owner of the property in q