C. PREMA AND ORS. Vs. LAKSHMAMMA AND ORS.

JUDGEMENT

(1.) This is a regular first appeal, challenging the order passed by the trial Court, allowing the application filed under Order VII Rule 11(c) CPC and directing the plaintiffs to correct the valuation and pay the deficit Court Fee under Section 24(a) of the Karnataka Court Fees and Suits Valuation Act [hereinafter referred to as "the Act" for short].

(2.) For the purpose of convenience, the parties are referred as they were referred to in the original suit. The plaintiffs filed O.S. No.1611/2012 against the defendants for a declaration that they are the absolute owners of "A and B"-schedule properties. They also sought for a declaration that the Sale Deeds executed in favour of the defendants are null and void and not binding on them and they are invalid, without the plaintiffs being the party to it. They also sought for a permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of "A and B"-schedule properties.

(3.) Learned counsel for the plaintiffs/appellants assailing the impugned order contended that firstly, the schedule to the plaint contains two schedules i.e., "A"-schedule and "B"- schedule. It is only "B"-schedule, which is converted for nonagricultural purpose by defendants 17 to 19. Therefore, the direction by the trial Court to value both "A" and "B"-schedule properties under Section 24(a) of the Act is illegal.