RADHAKRISHNA BHAKTA MANDALI TRUST Vs. KANNAN

JUDGEMENT

(1.) The short question that arises for consideration of this Court in this petition is, if the Trust has filed a suit for declaration of title and for possession of a immovable property of third party, whether the Court fee has to be paid either under Section 24 of the Karnataka Court Fee and Suits Valuation Act, 1958 (in short 'the KCF & SV Act') or under Sec. 27 of the KCF & SV Act?. Heard the learned counsel for the parties. The petitioner-trust filed suit against the defendant in OS 3325/09 before the City Civil Judge, Bangalore to declare the plaintiff-Trust as owner of the suit property and to direct the defendant to deliver the possession of the suit property to the plaintiff-Trust or to its trustees or to representatives and also to restrain the defendant from interfering with the peaceful possession and enjoyment of property and direct to pay mesne profits at the rate of Rs. 6,000/- per month from the date of suit till the date of delivery of possession.

(2.) The suit property is a residential property bearing No. 102 Geddalahalli, 6th Main Road, Sanjayanagar, P & T Colony, Bangalore. According to plaint averments, one Smt. S. Thirumangai was the owner of the suit property and she constructed a house consisting of ground floor, first floor on the site allotted to her. Thereafter, she executed a Will on 1.7.2007 bequeathing suit property in favour of plaintiff-Trust contending that defendant who is none other than the husband of S. Tirumangai is in unlawful possession of the property. The suit came to be filed valuing the suit property under Section 27 of the KCF & SV Act.

(3.) The issue regarding whether the court fee paid is proper or not was the preliminary issue taken by the Court below. The defendant contested the suit and contended that the court fee paid was insufficient. The plaintiff is required to value the suit under Section 24 of the KCF & SV Act and not under Section 27 of the KCF & SV Act.