M. NARAYANAGOWDA Vs. VARGHESE

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 324/2011 on the file of Additional District and Sessions Judge, Fast Track Court -V, Bengaluru Rural District, Bengaluru, aggrieved by the order dated 18th August 2012 on issue No. 8 directing Plaintiff to pay court fee on market value of the property by filing a separate valuation slip, has presented this petition under Article 227 of the Constitution of India.

(2.) PETITIONER instituted O.S. No. 324/2011 arraigning respondents as party defendants for declaration, mandatory injunction to demolish the building, permanent injunction and possession of the land measuring 1 gunta in Sy.No. 109/3, and 6 guntas in Sy.No. 109/4 of Bilishivale village, Bidarahalli Hobli, Bengaluru East Taluk. The valuation for the purpose of court fee was on the basis that lands were agricultural lands assessed to land revenue and therefore the market value of the land was to be determined on the basis of Section 7(2)(b) read with Section 24(b) and Section 26(c) of the Karnataka Court Fee and Suits Valuation Act, 1958 ('the Act' for short) and accordingly paid court fee of Rs. 50/ -.

(3.) IT appears that at the first instance, the Court recorded a finding on preliminary issue No. 8 that the court fee paid was sufficient which when called in question in W.P. No. 10215/2012 (wrongly mentioned as W.P. No. 1015/2012), this Court set -aside the order and remitted the proceeding for fresh consideration with a direction to consider the documents filed by the respondents and thereafter pass orders in accordance with law. In compliance with the said order, the Trial Court having considered the material on record, passed the order impugned.