ORDER :

1. This appeal on behalf of the plaintiff arises out of a suit filed by him for cancellation of the mortgage deed executed by the third defendant as his guardian in favour of defendants 1 and 2. This suit was dismissed by the trial Court. During the pendency of the appeal here, C.M.P. No. 13658 of 1964 was filed to permit the petitioner-plaintiff to amend the plaint by adding a prayer for possession. This petition was ordered as Sri Narasimha Aiyangar, the learned Counsel appearing for the other side had no objection. But Sri Narasimha Aiyangar contended that the petitioner-plaintiff will have to pay separate Court-fee for relief of possession the contention of Sri Kodandaramayya, the learned Counsel for the plaintiff-petitioner was that, since that was an ancillary relief, no separate Court-fee was payable. The office, relying on Thangachi Ammal v. Mohd. Moideen Maricair1, reported that since the relief of possession was an ancillary relief, no separate Court-fee was required. Sri Narasimha Aiyangar contended that the case was governed by the Hyderabad Court-fees Act and under Article 8, Schedule II of the Act, a fixed Court-fee of Rs. 40-65 was payable for suits for canc