KARNATAKA HOUSING BOARD BANGALORE Vs. YAMANUR SAB

JUDGEMENT

(1.) THE 1st defendant-karnataka housing board has filed the above civil revision petition, questioning the valuation and payment of court fee by the plaintiff in the trial court in o. s. No. 1358 of 1993, a suit for declaration of title and for possession apart from mesne profits and another declaration regarding possession. The defendants raised issue of court fee. The plaint was valued at Rs. 10,000/- and court fee of rs. 250/- was paid under Section 24 (a) of Karnataka court fees and suits valuation act. Taking the court fee issue, as a preliminary issue the trial court took into consideration that the plaint was amended as one for declaration that lease-cum-sale agreement and the sale deed is not binding on the interest of the plaintiff. Therefore, in view of such amendment, the court held that the court fee paid is proper.

(2.) LEARNED counsel miss gowhar unnisa appearing for the petitioner, submitted that actual value mentioned in the sale deed itself is Rs. 60,000/- and the court fee must be paid on that value under section 24 (a ). She also relied upon the dictum of this court in M/s. Shivaram bapuchand shaha and company and others v M/s. Hirachand sakharam mehta and company and others.

(3.) HEARD the respective counsels appearing for various parties, and also the government pleader. However counsel for respondent 1 is absent.