S SHESHAPPA Vs. HILDA MANORAMA DEVADATTA

JUDGEMENT

(1.) THE petitioner has called into question the order, dated 14.12.2006 (Annexure-A) passed by the Court of I Additional Civil Judge (Jr.Dn.), Mangalore, D.K., on the preliminary issues in O.S.No. 116/2005.

(2.) THE facts of the case in brief are that the respondents filed the suit seeking the relief of declaration that the sale deed, dated: 22.10.1997 is illegal, void abinitio non-est and for a consequential decree for giving possession of the schedule flat by the petitioner or any person claiming under him or through him to the respondents. THE petitioner raised the plea of insufficiency of Court fee and contended that the said Trial Court has no jurisdiction to try the suit. Based on the rival pleadings and the I.A. No.4 filed by the petitioner, the Trial Court framed two additional issues, which are as follows:

(3.) THE Learned Counsel for the petitioner brings to my notice that no Court fee whatsoever is paid on the relief of recovery of possession. She submits that separate Court fee has to be calculated as per the provisions contained in Section 24(a) of the K.C:F. & S.V. Act taking into account the market value of the property.