EXECUTIVE OFFICER KARNATAKA STATE HAI COMMITTEE Vs. SRI SYED MOHAMMED SINCE DEAD BY HIS LRS. AND OTHERS

JUDGEMENT

(1.) The petition is filed challenging the order passed by the Court below on Issue No. 2 holding that the Court fee paid on the plaint is sufficient.

(2.) The facts relevant for the purpose of this petition are as under :

(3.) Initially, the suit was for permanent injunction and in the year 1997. the Plaintiffs i.e., Respondents 1 (a) to (e) herein filed an application for amendment of the plaint seeking the relief of declaration. The said application was allowed and the Plaintiffs were permitted to amend the plaint. When the plaint was amended, the Plaintiffs had to pay additional court fee for the relief of declaration and in the circumstances, as the Plaintiffs had paid court fee of Rs. 1,29,850/-, he submitted a calculation memo valuing the property at the rate of Rs. 2800/-sq. ft. The memo of calculation was objected by the Petitioner (4th Defendant) on the ground that the Plaintiffs have to pay the court fee on the market value of the suit property as on the date of the amendment of the plaint or on the date of the application for amendment of the plaint which was filed on 1.12.1997. The Trial Court heard the respective counsel for the parties and on appreciation of the material on record answered the issue in favour of the Plaintiffs holding that the Court fee paid on the plaint is sufficient. Aggrieved by the order, the present petition has been filed.