9911796707
TMI Blog2000 (7) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... injunction to demolish the constructions made. Initially, the petitioner filed the suit in OS No. 48 of 1990 on 29-1-1990 seeking perpetual injunction against the respondents herein from interfering with his possession over the suit land. Pending the suit, the petitioner sought interim injunction in IA No. 102 of 1990 which was dismissed after hearing both the sides. However, the appeal filed by the petitioner was allowed in CMA No. 27 of 1990 on 10-4-1991 granting injunction as sought for. These orders were confirmed by this Court in CRP No. 2007 of 1991 by orders dated 2-9-1993. In another parallel suit in OS No. 64 of 1987, on the file of the Principal Subordinate Judge, Ranga Reddy District, the petitioner also obtained an order for pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he main relief of permanent injunction, there is no necessity to pay any Court fee for the added reliefs. 3. Sri K, Mahipcahy Rao, Counsel appearing for the respondents, contended that admittedly the suit was one for injunction and later on substantive reliefs of possession and mandatory injunction were added and, therefore, the initial relief of injunction transforms into a consequential relief to the reliefs which have been added and the plaintiff has to pay the Court fee on the main reliefs as added. 4. In this view of the matter, the question which falls for consideration in this revision is: consequent to the addition of prayers of possession and mandatory injunction in a suit for bare injunction, which of the reliefs partakes of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifarious suits :--(1) In any suit in which separate and distinct reliefs based on the same cause of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs : Provided that if a relief sought is only ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief. (2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs. (3)(a) Where a suit is based on two or more distinct and different causes of action and separate reliefs are sought in respect thereof, either alternative or cumulatively, the plaint shall be chargeable with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the main relief but not vice versa. In a simpliciter suit for injunction, the relief of injunction comprises the main relief but when a relief which is of a substantial nature viz., possession or declaration is added to it, the relief of injunction which was hitherto the main relief scales down to the position of a consequential relief. There .are ample distinctive features in between main and ancillary reliefs. Apart from being essentially paramount and predominant, the main relief is a substantial in nature forging on substantive and vested rights. Possessory relief is the basis and any form of injunction - either mandatory or perpetual - springs from it. To see if a relief is subsidiary or main, the real test is to see whether one relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of injunction either perpetual or mandatory fall behind the same and become ancillary to the same. Even if the suit is to be treated as a comprehensive one including the reliefs of injunction and possession, apart from basing upon different causes of action, it only calls for payment of the highest Court fee leviable on the reliefs as per Section 6(2) of the Act viz., possessory relief.
8. Accordingly, the lower Court is right in calling upon the plaintiff to pay the Court fee as per Section 24 of the Act on the substantiation of the market value by necessary certificates as contemplated.
9. In view of the aforesaid reasons. I do not find any merits in the revision and it is therefore, dismissed. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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