AIR 2002 MADHYA PRADESH 160 ::(2002) 2 CurCC 225 ::(2002) 1 MPLJ 489

Madhya Pradesh High Court

Hon'ble Judge(s): S. P. Khare , J

(A) Court-fees Act (7 of 1870) , S.7(4)(c)— Suit for declaration and permanent injunction filed by landlord - Computation of Court-fees - Basis of valuation - Is value of relief sought and not value of thing affected - Landlord in juridical possession of suit premises wherein tenants claimed to be co-owners - Relief of declaration and injunction sought to remove cloud cast on title of landlord by acts of tenants - Subject matter of suit not being value of suit property - Valuation of relief of declaration and injunction at Rs. 600/- - Proper. In instant case the plaintiffs are the owners of the house and the defendants are their tenants, the defendants Nos. 1 to 3 have now started claiming to be co-owners of the house and thus a cloud has been cast on the title of the plaintiffs and for removal of that cloud they are seeking the relief of declaration of title and also the consequential relief of permanent injunction. The plaintiffs claim to be in juridical possession of the house through their tenants. They are not seeking possession of the house on the basis of their title. Thus what has to be valued is the relief and not the thing affected the real relief claimed is the removal of the cloud cast on the title of the plaintiffs by the acts of the defendants. The subject matter of the suit covered by the reliefs of declaration and injunction is the cloud that....