JUDGMENT

Sanjeev Prakash Sharma, J. - The question raised by the petitioner by way of this writ petition is with regard to the applicability of Section 7 of the Rajasthan Court Fees and Suit Valuation Act, 1961 (hereinafter referred to as "Act of 1961') in relation to the suit referred to by the petitioner seeking specific performance and for declaring sale-deed null and void and for permanent injunction filed by the petitioner-plaintiff. On an application moved by the defendant, the trial court has directed the petitioner to pay court fees on the valuation of the sale-deed in terms of Section 7 of the Act of 1961.

2. The contention of the petitioner is that as the main relief prayed for is for specific performance of the agreement entered into between the plaintiff and defendants, and the prayer for declaring the subsequent sale-deed as null and void is an ancillary relief, therefore, in terms of Section 6 (1) proviso, he is not required to pay court fee with regard to the ancillary relief. Section 6(1) of the Act of 1961 reads as under:

"Sec.6. Multifarious suits.- (1) In any suit in which separate and distinct reliefs are sought based on the same cause of action, the plaint shall b