O R D E R The petitioner admittedly the tenant of a Mulgi belonging to the respondent filed a suit for permanent injunction restrainming and his subordinates from interfering with his possession and the suit was valued under section 26(c) of the A.P. Court fee and suits Valuation Act, 1956 (for short ‘ the Act’). But the plaint was returned by the learned Judge stating that the suit has to be valued under section 40(e) of the Act. Aggrieved by that order, the present revision petition is filed. Heard both the counsel. A suit for mere injunction simplicitor has to be valued under section 26 of the Act and section 40 of the Act deals with the suits filed by the landlord and the tenant and further section 40(e) deals with establishing or challenging the right of occupancy and fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the plaint. In other words, for establishing or challenging a right of occupancy of an immovable property, the court fee payable shall be on the annual rent that is going to be fetched by the immovable property prior to the filing of the suit. To my mind if the tenant wants to establish his right of occupancy or the landlord challenges the right of occupancy of the tenant, the suit has to be valued under section 40(e) of the Act. In this case there is no dispute with regard to the relationship between the plaintiff and the defendant. It is an admitted case of the parties that the petitioner is the tenant and the defendant is the landlord. When the respondent is trying to interfere with his possessing the tenant filed the present suit for injunction. As the relief sought for in the suit filed by the petitioner is neither relates to his occupancy rights nor the landlord is questioning the occupancy rights of the petitioner, the objecton taken by the Court below cannot be sustained in law and the suit has to be valued only under section 26(c) of the Act. Accordingly the order of the court below is set aside and the matter is remitted back for taking the plaint on file and procee further in the matter. The Civil Revision petition is accordingly allowed. --X—