Thursday, 26 April 2018

Single Injunction suit by several plainitffs having seperate possession and title -Court fee

U/s16&26(C)–in 1996(4) ALT-730 = (4) ALD 1057 = (2) LS-560 Komanduri  Bhanumurthi Vs Guntur Municipal Council -

 It was held that Single suit filed by nineteen  (19) plaintiffs as owners of separate plots for permanent Injunction against Municipality  – Since reliefs sought are individual, they are liable to pay separate C.F. The District  Judge is competent on administrative side, and can rectify the defects in payment of C.F.  & can order the plaintiffs to pay the required CF. 

 

U/s.26(c) r/w.Sec.6 of the Court Fee Act that even single suit filed for injunction by several plaintiffs – when they are respective owners of their separate plots for which injunction relief sought against Municipality, separate CF for each plot be payable. 

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In case of Agreements of sale in respect of open lands and no constructions are existing thereon, it is only Article 6(A) of Schedule 1(A) of the Indian Stamp Act, 1899, applies but not Article 6(B) of Schedule 1(A) of the Indian Stamp Act, 1899.

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