- (1.) AS agreed upon by the learned Counsel appearing for the parties, the appeal is heard on informal papers. Now let us consider the merit of the appeal.
(2.) THE following reliefs are prayed in the suit before the Court below : " (a) That through the decree of this Court it's be declared that the name of the defendant so included in the transfer deed dated 5. 10. 1982 executed by Sarva Shri Gianendra Singh, Yogendra Singh and Satendra Singh sons of Dr. D. P. Singh as benami and the defendant has no right or title of whatsoever nature in plot No. KD-17 Ashiana, Kavi Nagar, Ghaziabad alongwith all the construction standing thereon the boundaries of which are given at the foot of this plaint and the plaintiff is its sole owner with leasehold rights. (b) That through the decree of this Hon'ble Court, a permanent prohibitory injunction be granted in favour of the plaintiff and against the defendant whereby defendant be permanently restrained from transferring, selling any share or a particular portion of the property in suit and from parties with the possession of the portion which is in his occupation with any person except to the plaintiff. (bb) That by the order of this Hon'ble Court, the defendant be directed to hand over the physical and vacant possession of the ground floor of house No. KD-17, Kavi Nagar, Ghaziabad except one last room towards north and one Southern garage out of 2 garages and he also be directed to leave the joint use of the open space, drive and passage situated at ground floor of the said house, to the plaint within the time fixed by this Hon'ble Court and in case the defendant fails to comply with the said order of the Court, the same be executed by Hon'ble Court. (bbb) That a decree of Rs. 1,80,000 (Rupees one lac and eighty thousand only) be passed in favour of the plaintiff against the defendant as the damages for use and occupation for the last three years from the date of filing of the suit. (bbbb) That future and pendentilite damages for use and occupation be also awarded to the plaintiff against the defendant Rs. 10,000/- per month, upto the date of the actual delivery of the possession to the plaintiff. (c) That the cost of the suit be awarded to the plaintiff and against the defendant. (d) That any other relief which the Hon'ble Court may deem fit be awarded to the plaintiff and against the defendant. "
(3.) INITIALLY suit was filed with prayers in terms of (a) and (b ). Appropriate Court-fees were paid by the appellant in the Court below. However, when his further prayers were added by way of amendment particularly prayer (bb) as above, as per the office note, an ad valorem Court fees were directed to be paid under the order impugned of the Court below.;