SHYAMLAL Vs. KESAR DEVI

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the civil Judge, Bambhar, directing him to pay. separate court-fee on the relief of possession.

(2.) THE plaintiff originally instituted the present suit for a declaration of his title and for the cancellation of the sale-deed transferring a certain plot of land the market value of which is Rs. 1060/ -. He paid ad valorem court-fees on the market value of the property for the relief of cancellation of sale-deed under sec. 38 (l) (a) of the Rajasthan Court-fees & Suits Valuation Act 1961, which runs as follows : "s. 38. Suits for cancellation of decrees, etc.- (1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be - (a) if the whole decree or other document is sought to be cancelled the amount or value of the property for which the decree was passed or other document was executed. " He subsequently got the plaint amended so as to claim the relief of possession also over the plot of land. He did not pay any additional court-fee on this relief. His contention was that the relief of possession was ancillary to the main relief of cancellation of the sale-deed within the meaning of the proviso to sec. 6 (1) of the Rajasthan Court-fees & Suits Valuation Act, 1961, which runs as follows: - "provided that, if a relief is sought only as ancillary to the main relief the plaint shall be chargeable only on the value of the main relief. "