NAGARATHNA S MURTHY Vs. PADMA PRAKASH SHETTY

JUDGEMENT

(1.) this is a revision by the plaintiff against an Order of the court below directing him to pay court fee on an amount of Rs. 14 lakhs which is the sale consideration amount fixed in the agreement of sale.

(2.) the suit is for specific performance of an agreement of sale dated 14-5-1990 which included certain immovable property and various other related assets. According to the plaintiff, defendants 1 and 2 entered into an agreement for a total consideration of Rs. 14 lakhs and that he was also put in possession of the property on the date of the agreement. According to the allegations in the plaint, the agreement has been compiled within respect of two properties in survey No. 100/2 and in survey No. 116/1 by respective defendants executing sale deeds in favour of the plaintiff. Present suit is for specific performance of the agreement of sale dated 14-5-1990 in respect of the schedule property in respect of which the sale deed has not been executed and also to direct the first defendant to execute the sale deed in respect of the related assets as stated in the agreement dated 14-5-1990. In other words, the suit is for specific performance of the agreement dated 14-5-1990 to the extent to which it has not been compiled with so far.

(3.) plaintiff valued the suit at Rs. 55,320/- being the market value of the land measuring 2 acres, 3 guntas of land which is the schedule property at the rate of Rs. 666/- per gunta and paid the court fee accordingly.