In Brief
The plaintiff-appellant sought mandatory and prohibitory injection to remove two licensees from his plot and claimed damages for unauthorized occupation. He valued the suit at Rs. 250 per injunction relief and Rs. 1 lakh for damages. The trial court rejected the defendant's application to dismiss for lack of pecuniary jurisdiction. However, the High Court ordered the plaint returned, holding the valuation arbitrary because the property's market value was Rs. 1.8 crores. The Supreme Court reversed this, holding that suits for mandatory injunction must be valued under Section 7(iv)(d) of the Court Fees Act according to the relief claimed in the plaint, not the property's market value. The judgment reaffirmed that such suits against licensees are maintainable and do not require property-market-based valuation.
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