V PRABHAKAR Vs. K RAJA

JUDGEMENT

(1.) In these cases, the petitioner has assailed the Orders dated 28.5.2011 and 19.10.2011 in O.S. No. 2192/2008 on the file of the 27th Additional City Civil Judge, Bangalore. The petitioner is the plaintiff in the above suit and the respondents are the defendants. The plaintiff filed the above suit for declaration that the Sale Deed dated 29.6.2007 is null and void and not binding on him and for mandatory injunction that defendant Nos. 2 to 5 should not continue to occupy the suit schedule property. The defendants have filed their written statement opposing the suit. They have also raised a plea that the suit has not been properly valued by the plaintiff. Therefore, while framing the issues, the Court below has framed Issue No. 5 as under:

(2.) The said issue was tried as a preliminary issue as provided in Section 11(2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'the Act'). On 28.5.2011, the Court below has passed an order holding that the plaintiff has not properly valued the suit for the purpose of Court fee. He should have valued the suit under Section 38 of the Act. The plaintiff was directed to pay Court fee on the market value of the property.

(3.) The plaintiff filed an application I.A. No. 3 for review of the said order on the ground that in the suit, he has sought for declaratory relief. Therefore, he is not liable to pay Court fee under Section 38 of the Act. The said application has also been dismissed by the Trial Court by its Order dated 19.10.2011.