Important Point – Averments of plaint should be clear and unambiguous in relation to court fee and jurisdiction and reliefs prayed for.

1. Heard Sri G.K. Deshpande, learned counsel appearing for the appellants/R.1 to R.7/plaintiffs and Sri K. Durga Prasad, learned counsel appearing for the respondent/petitioner/D.18 & D.33.

2. This appeal is directed against the order dated 02.12.2015 in IA No.2397 of 2014 in OS No.782 of 2012 passed by the XIV Additional District Judge, Ranga Reddy District, wherein it was held that the plaintiffs have undervalued the relief of claim to pay the court fee in the plaint, that the plaintiffs have to pay the court fee under Section 24(b) of AP CF & SV Act, but not under Section 24(d) of the said Act and consequently directed the plaintiffs to pay the court fee on one-half of the market value of the property i.e., on Rs.33,09,60,000/-, as per Section 24(b) of the APCF & SV Act, as the market value of the suit property as per Ex.A.1 was Rs.66,19,20,000/-, and they have to pay the court fee after deducting the court fee which has already been paid, within a period of 30 days and it was also held that in the event of not paying the court fee as directed, the plaint shall be rejected as per Order VII rule 11(b) of CPC.

3. The appellants/plaintiffs have instituted the suit praying for the following reliefs:

“(1) to pass a decree of declaration that the entries in the revenue records/pahanies reflecting the names of the defendant Nos.3 to 39 as possessor are illegal, incorrect, null and void and for correction of the said entries by entering the name of the plaintiffs as possessors in respect of the suit schedule property;

(2) to pass a decree for correction of the entries in the revenue records/pahanis thereby inserting the names of the plaintiffs in the possessor column by deleting the names of the defendants in respect of the suit schedule property.

(3) to grant the relief of perpetual injunction in favour of the plaintiffs and against the defendants No.3 to 39, thereby restraining the defendants No.3 to 39 their servants, agents, or anybody claiming under them or through them from interfering with the peaceful, physical, actual possession of the plaintiffs over the suit schedule property;

(4) to award the costs of the suit to the plaintiffs;

(5) to grant any other relief or reliefs which the Honourable court deems fit and proper in the circumstances of the case.”

4. The brief averments of the plaint, which are relevant for the disposal of the present appeal, may be stated as follows:

The father of the plaintiffs late Sri Narayan Singh was the possessor of the suit lands. The certified copies of the Adangal for the years 1984-85 and 1985-86 indicate the name of late Sri Narayan Singh, as possessor of the suit land. The Rythu Passbook was also issued to him for the suit land. He was also paying the land revenue for the suit land. The name of the father of the plaintiffs continuously appeared in the possessor column of the pahanis till the year 1994-95 and the name of one Smt. Jeshi Bai appeared in the pattedar column. The plaintiffs are the legal heirs of late Narayan Singh and after the demise of Narayan Singh, the plaintiffs are in possession of the suit property. At no point of time, the pattedar Smt. Jeshi Bai or any other person claiming on her behalf interfered with the possession of late Narayan Singh or plaintiffs herein and late Narayan Singh and the plaintiffs are enjoying the suit property as absolute owners and have perfected their title even by adverse possession.

ii) In the month of February 2008, when the plaintiffs have noticed certain illegal interference over the suit schedule property and over heard the rumours of some third parties claiming certain parts of the suit schedule property, they applied for the pahanis for all the survey numbers and came to know that the names of certain irrelevant persons i.e., Defendants 3 to 39 are appearing in the possessors column of the pahanis. The plaintiffs verified the revenue records and also the records at the District Registrar, Ranga Reddy District and found certain transa