( 1 ) SMT. Comolata Dutta widow of late Waller Dutta filed a suit claiming a declaration that the sale of the suit property in execution of the decree passed in civil Suit No. 11-A of 1947 of the Court of the first Additional District Judge, jabalpur, in favour of the Ishwari Industries Limited (defendant No. 1) or in favour of Rajendranath Bhaskar (defendant No-4) did not confer on the purchaser any right, title or interest in the suit property and as such, the purchaser was not entitled to lake possession of the same in pursuance to the sale. The second relief sought in the plaint was for a decree for perpetual injunction restraining the defendants 1 and 4 from disturbing the possession of the plaintiff. She valued the claim for the declarator relief at Rs. 20,000/- and paid court-fee of Rs. 20/ -. She further valued the relief of injunction at Rs. 200/- and paid for this a court-fee of rs. 20/ -.

( 2 ) DEFENDANT No. 4 in his written statement contended that the plaintiff's suit in substance was one for setting aside the decree passed in Civil Suit No. 11-A of 1947 and, therefore, the plaintiff had to pay ad valorem court-fee on the aggregate amount of Rs. 20,200/ -.