Suit for prohibitory and mandatory injunction - Not required to be valued at market value of property - Merely because subject matter of litigation involves immovable property, market value would not become decisive of suit valuation

Citation 

AIROnline 2022 SC 861

SUPREME COURT

DINESH MAHESHWARI , J. and VIKRAM NATH , J.

CIVIL APPEAL - 4577 of 2022 D/- 16 - 6 - 2022

Bharat Bhushan Gupta v. Pratap Narain Verma and Anr.

(A)Court-fees Act (7 of 1870), S.7(iv)(d) - Court-fees - Valuation - Suit for prohibitory and

mandatory injunction - Not required to be valued at market value of property - Valuation of suit

always depends on nature of relief claimed - Merely because subject matter of litigation involves

immovable property, market value would not become decisive of suit valuation. Specific Relief

Act (47 of 1963), S.38, S.39 -

In the instant case, a mandatory injunction had been sought by the appellant seeking the licensees

to remove themselves and their belongings from the suit property. High Court has relied only upon

the market value of the property to hold the valuation of the present suit to be "arbitrary. It is the

nature of relief claimed in the plaint which is decisive of the question of suit valuation. As a necessary

corollary, the market value does not become decisive of suit valuation merely because an immovable

property is the subject-matter of litigation. The market value of the immovable property involved in

the litigation might have its relevance depending on the nature of relief claimed but, ultimately, the

valuation of any particular suit has to be decided primarily with reference to the relief/reliefs claimed.

Held, suit for mandatory and prohibitory injunction is not required to be valued at the market value

of the property. Thus, provisos of S. 7(iv)(d) of Court-fees Act would not be applicable.

 (Paras 9.1 , 10) 

(B)Court-fees Act (7 of 1870), S.7(iv)(d) - Court-fees - Valuation - Suit for permanent and

prohibitory injunction seeking licensees to remove themselves and their belongings from suit

property - Plea that such suit concerning property and thereby seeking certain mandates over

acts of defendant, suit is required to be valued as per market value - Such proposition, for

suit valuation on market value of property involved, irrespective of nature of relief claimed, if

accepted, would render whole scheme of Court-fees Act chaotic - Plea untenable - Such suit not

required to be valued at market value.

 (Para 11.2) 

Cases Referred Chronological Paras

AIROnline 2013 Del 7

AIR 1985 SC 857

AIR 2012 SC 1727 : 2012 AIR SCW 2162

AIR 1988 SC 1636

AIR 1978 Delhi 114 (FB)# (Disting.)

AIR 1964 J and K 99

AIROnline 2005 SC 1079

AIROnline 2008 Del 23

AIR 1938 Cal 161

AIROnline 2016 Del 50

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