MUKUNDAPPA Vs. BHEEMAVVA

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Trial Court on the preliminary issue, which was as to whether the suit of the plaintiff was properly valued and the Court fee paid was sufficient.

(2.) The plaintiff's suit was to declare that three sale deeds in respect of the suit properties were fraudulent sale deeds and were ab initio void and not biding upon him. A further declaration was sought in respect of the mutation effected in respect of the suit properties and also a decree of partition and separate possession was sought and a Court fee of Rs.350.00 was paid.

(3.) It was the case of the defendant No.21 that the plaintiff was required to pay Court fee on the market value of the property and the valuation slip did not indicate the manner in which the Court fee was computed.