ELFREEDA WINNIFRED DSOUZA Vs. ROBIN DSOUZA

JUDGEMENT

(1.) This reference arises from order dtd. 25/10/2019 made by the then Hon'ble Chief Justice because of two conflicting decisions of two learned Single Judges of this court in relation to valuation of suit and payment of court fee when the agricultural land is situate within the limits of city corporation.

(2.) One learned Single Judge in SMT.VIJAYALAKSHMI VS. SMT. UGAMA BAI, (2015) 4 KCCR 3947 has held that if the agricultural land in a declaration suit is situate within the city corporation limits, its valuation has to be done on ad valorem basis u/s 24(a) of the Karnataka Court Fees and Suits Valuation Act , 1958. This provision speaks of market value of the property. The other learned Single Judge in R.ANANDA VS. NANJUNDASWAMY, 2006 SCC ONLINE KAR 557 has per contra held that merely because the land comes within the city corporation limits, it does not ipso facto lose its agricultural character and therefore, suit has to be valued u/s 7(2)(b) of the Act, wherein the land revenue factors and not the market value of the suit land. Surprising, both these learned Judges in support of their views banked upon the very same Division Bench decision namely J.NARAYANA & ORS. vs. CORPORATION OF CITY OF BANGALORE, ILR 2005 KAR 60.

(3.) BRIEF FACTS OF THE PETITION: