DAMEGUNTA RAJESHWARAMMA Vs. JAYALAKSHMAMMA

JUDGEMENT

(1.) This is defendants' petition, questioning the order dated 4th May 2007 on objections regarding payment of court fees in O.S. No. 3649/2007 pending on the file of XXIV Addl.City Civil Judge, Bangalore City.

(2.) Respondents are plaintiffs. They have brought a suit for declaration of title to the schedule 'A' and 'B' properties and further declaration that the registered sale deed dated 18.11.2000 alleged to have been executed by the plaintiffs in favour of defendant No. 2 in respect of 'B' schedule property as null and void, not binding on the plaintiffs and other reliefs.

(3.) Initially the suit was valued under Section 24(b) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as 'the Act') and fees of Rs. 57,860/- was paid. As regards to the decree for injunction, the court fee was determined under Section 26(c) of the Act. The office raised an objection as regard to the valuation of the property. Thereafter, plaintiffs were called upon to pay the deficit court fee oh the basis of the market value and accordingly, plaintiffs valued the suit at Rs. 87,50,000/- and the court fees of Rs. 1,86,500/- was paid including an amount of Rs. 57,888/- already paid. The said payment of court fees was accepted by the trial court, as against which, the defendants raised an objection by filing an application under Section 24 Clause (b) of the Act read with Order VII Rule 11 of CPC interalia seeking for rejection of the plaint on the ground that the court fees paid is insufficient and the suit is not maintainable.