K RAMACHANDRA RAO Vs. K G RAMAMOHANA GUPTA

JUDGEMENT

(1.) The question involved in these Writ Petitions is common, Consequently, these Writ Petitions are disposed of by this common order.

(2.) The facts relating to W.P.No.48113/04 will be referred to during the course of this order.

(3.) The Petitioner is the owner of the property in question. The said property was leased to respondent under a lease deed dated 2.5.2002, a true copy of the said lease deed is at Annexure- A. In terms of the said lease deed, the respondent paid the Petitioner a sum of Rs.1.60 lakhs as refundable advance and agreeing to pay the monthly rent of Rs.16,000/-. Notwithstanding the fact that the leasse had expired and despite the request for vacating the premises, the respondent did not honour the said request. In the circumstances, a legal notice was issued. A copy of the legal notice is to be found at Annexure-B. Since the respondent did not vacate the premises even after termination of the lease, the petitioner was constrained to file an ejectment suit in FR No.1645/04 on the file of the Civil Judge Bangalore. The suit was valued for the purpose of Court fee and jurisdiction under Section 41(2) R/W Article 1 (iii) of Schedule I of the Karnataka Court Fees and Suits Valuation Act (for short the Act). It appears the Registrar of the City Civil Court raised objection regarding valuation made on the subject matter of the suit. The said objection related to non-payment of Court Fee on the refundable advance of Rs.1.60 lakhs. The Petitioner there upon brought it to the notice of the Court that the objection raised by the Registrar of the Court was not justified. It was brought to the notice of the learned trial Judge that the Petitioner was not liable to pay Court Fee on the refundable advance and that the construction placed on the refundable advance as premium was incorrect. The Learned Trial Judge, however upheld the office objection and in turn has directed the Petitioner to pay Court Fee on Rs.1.60 lakhs. The said order directing the Petitioner to pay Court Fee is questioned in this Writ Petition. Annexure-D is the impugned order.