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1978 Supreme(AP) 171

Andhra Pradesh High Court
Judges : CHENNAKESAVA REDDY
K. Subramanya Naidu, K. Kuppanaidu - Appellant
Versus
Adilakshmiammal Param Subhadramma - Respondent
C.R.P. No. 2526/77
Decided On : 06-16-78
Advocates Appeared :
Mr. E. Manohar, Mr. P. Ramakrishna Raj.

Headnote:Andhra Pradesh Court fees and Suits Valuation Act, Section 26(c) – Relief of injunction in a Suit – Plaintiff has a right to put his own value on the relief

       Held : Under Section 26(c) of the AP Court fees and suits Caluation Act, the relief of injunction need not be valued at the market value of the property involved in the suit The plaintiff is entitled to put his own valuw on the relief If the valuatioj put on the relief by the plaintiff is absurdly low it is open to the Court to enhance the valuation Since the object of a suit for injunction is not to investigate question of title but merely to project rightful possession against wrongful disturbance the legislature apparently gave the liberty to the plaintiff to put his own valuation on his relief To direct the plaintiff in a suit to injunction in a suit where no question of title is incolved to value the relief at the market value may in effect be to penalize the plaintiff

K. Subramanya Naidu, K. Kuppanaidu vs Adilakshmiammal Param Subhadramma - 1978 Supreme(AP) 171
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