S.K. Dubey, J.

1. Krishi Upaj Mandi Samiti, Shivpuri and its Chief Executive Officer have preferred this appeal Under Order 43, Rule l(u), Civil Procedure Code, against the judgment and decree dated 6-12-1979, passed by Additional District Judge, Shivpuri, in Misc. Appeal No. 10/1979, which was against the judgment and decree dated 18-1-1979, passed by Civil Judge, Class II, Shivpuri, C.S. No. 29-A/1977, whereby the suit of the plaintiffs for declaration and permanent injunction in relation to the recovery of market fee was dismissed.

2. Brief facts leading to this appeal are that the plaintiffs instituted a suit for declaration and permanent injunction against the appellants that the Krishi Upaj Mandi Samiti, Shivpuri (for short, the 'Samiti') has no right or competence to collect and levy the market fee on the allegation that the levy of market fee of Rs. 2,434.24 p. by order dated 22-12-1976 is without jurisdiction, as the agricultural produce Was not purchased in the Mandi nor was Brought for sale. It was averred that the action of the Samiti is not only arbitrary but the order of the Samiti is null and void and the recovery is against the provisions of law. The appellant