PUSHPA SHIVAPRASAD Vs. C G SAROJAMMA

JUDGEMENT

(1.) THE PLAINTIFF IS THE PETITIONER HEREIN. BY THE IMPUGNED ORDER, THE COURT below HAS DIRECTED THE PLAINTIFF TO PAY AD VALOREM COURT FEE ON THE GROUND that HIS SUIT FOR PERMANENT INJUNCTION RELATES TO AN IMMOVABLE PROPERTY wherein THE DEFENDANTS HAVE DISPUTED HIS TITLE.

(2.) SECTION 26 (A) OF THE KARNATAKA COURT FEES AND SUITS VALUATION act, 1958, READS AS UNDER: '26. SUITS FOR INJUNCTION. IN A SUIT FOR INJUNCTION (A) WHERE THE RELIEF SOUGHT IS WITH REFERENCE TO ANY IMMOVABLE property, AND (I) WHERE THE PLAINTIFF ALLEGES THAT HIS TITLE TO THE PROPERTY IS denied, OR (II) WHERE THE ISSUE IS FRAMED REGARDING THE PLAINTIFFS TITLE TO the PROPERTY, fee SHALL BE COMPUTED ON ONE-HALF OF THE MARKET VALUE OF THE PROPERTY OR ON RS. 1,000/-, WHICHEVER IS HIGHER'.

(3.) FROM A READING OF THE ABOVE PROVISIONS, IT IS CLEAR THAT IN EITHER OF the TWO SITUATIONS CONTEMPLATED UNDER SECTION 26 (A) (I) OR (II), THE COURT fee PAYABLE HAS TO BE COMPUTED WITH REFERENCE TO THE MARKET VALUE OF THE property. 4. IN THE ABOVE VIEW OF THE MATTER, THE COURT BELOW IS RIGHT IN DIRECTING THE PLAINTIFF TO PAY AD VALOREM COURT FEE AS PRESCRIBED UNDER SECTION 26 (A) OF THE ABOVE ACT. THERE BEING NO MERIT IN THE REVISION PETITION, IT IS accordingly DISMISSED.