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Judgment
The preliminary objection is taken that no second appeal lies in this case. We are of opinion that this contention should be upheld. The suit was
one merely for recovery of rent. It is contended that the first prayer in the plaint is that the plaintiff''s right to the melwaram of the land should be
declared; but this can be treated as only incidental tothe prayer for the recovery of rent. The cause of action as stated in paragraph 10 of the plaint
is merely the non-payment of rent. No separate Court fee was paid for the declaration. There is absolutely nothing anywhere in the plaint to
suggest that the prayer for declaration was treated as an independent one. The second appeal is dismissed with costs.