Kerala High Court: Court Fee Payable Only on Principal Relief, Not Consequential Claims

The Kerala High Court has held that court fees under Section 6(1) of the Kerala Court Fees and Suits Valuation Act, 1959, are payable only on the principal relief and not on consequential or ancillary claims.

Justice P. Krishna Kumar set aside a Munsiff Court order directing the plaintiff to amend the plaint and pay fees based on a subsequent sale deed’s higher valuation.

The petitioner had sought a permanent prohibitory injunction and later added a declaration that two sale deeds were null and void. The Court observed that the second deed’s validity depended entirely on the first, making the relief ancillary.

[Madathil Pakruti v T P Kunjanandan & Anr.]