RAJESHWARI AND ORS. Vs. G. SUNDARAMURTHY AND ORS.

JUDGEMENT

(1.) Petitioners herein are the defendant Nos.12 to 19 of O.S.No.2968/2009, on the file of the 38th Additional City Civil and Sessions Judge, Bangalore. The suit is filed for the following reliefs:

(2.) The suit was contested. Since the defendants raised the plea of insufficient Court fee in their written statement, the concerned Court among other issues framed issue No.3 as "Whether the valuation of the suit is proper and Court fee paid is sufficient?"; same was treated as preliminary issue and was answered in the affirmative. The Court was of the opinion that the Court fee and the valuation have to be decided on the averments of the plaint only, hence, Court fee of Rs.225/- paid as per Section 35(2) of the Karnataka Court-fees and Suits Valuation Act, 1958 (hereinafter referred to as 'the Act'), is proper.

(3.) But the Court overlooked the fact that the relief sought by the plaintiff as at (d) seeking relinquishment of defendants' right in 'D' schedule property on the 'B' schedule site is nothing but a prayer in disguise asserting his right over the said property without seeking a declaration of his right in this regard. Having admitted the execution of registered sale deed in respect of the above property, his prayer at (d) falls under Section 35(4) of the Act, which reads under: