HARISH APPAIAH Vs. RUKMINI

JUDGEMENT

(1.) PETITIONER has assailed order dated 16.6.2014 passed in O.S. No. 66/2007. That suit has been filed by respondent No. 1 herein, before the Senior Civil Judge at Virajpet, seeking following reliefs: - -

(2.) LEARNED counsel for petitioner states that the said issue was answered by the impugned order after holding an enquiry. He states that the Trial Court was not right in holding that Court fee paid under Section 35(2) of the Karnataka Court Fees and Suits Valuation Act ('Act' for short), 1958 was correct and proper. He further states that Court fee paid under Section 26(c) with regard to relief of injunction is just and correct. While elaborating his submission, petitioner's counsel would state that petitioner had objected to payment of court fee of Rs. 200/ - under sub -section (2) of Section 35 of the Act, whereas the court fee had to be paid under sub -section (1) of Section 35 of the Act. According to learned counsel, respondent No. 1, who is the plaintiff herein was excluded from possession of the property and therefore court fee had to be paid on the market value of the plaintiff's share. At the same time, petitioner's counsel also stated that petitioner has averred that all items of the plaint schedule properties are self acquired property of the petitioner and that respondent No. 1 has been excluded from that property and therefore, court fee had to be paid under Sub -section (1) of Section 35 of the Act.

(3.) PER contra, learned counsel for respondent No. 1 supported the impugned order and stated that court fee has been paid on the premise that the suit schedule properties are joint family properties and that they are held jointly by plaintiff as well as defendants. It is the case of respondent No. 1/plaintiff that the plaintiff is in joint possession of the schedule property which according to plaintiff are joint family property and therefore the impugned order would not call for any interference. He also contended that the relief of injunction has been valued at Rs. 1,000/ - and a sum of Rs. 25/ - has been paid under Section 25(c) of the Act.