KARNATAKA THEOSOPHICAL FEDERATION REGISTERED BANGALORE Vs. BALAKRISHNA ASHRAMA MULABAGAL TOWN KOLAR DISTRICT

JUDGEMENT

(1.) PETITION arises from the judgment and order dated 18-12-1997, whereby the Court has directed the plaintiff to pay the Court fee on Rs. 20 lakhs, the market value of the suit property and to file separate valuation slip within a month.

(2.) THE Court below after considering the matter, opined that the relief claimed in the plaint to the effect that decree for declaration be granted in favour of the plaintiff, declaring plaintiff's title to the suit property as well as for the relief of recovery of possession of the property from the defendant squarely falls under Section 24-A of the Karnataka Court Fees and Suits Valuation act and plaintiff has to pay the Court fee, according to the market value of the property. If further found that the value of the suit property is about 20 lakhs.

(3.) THE petitioner's Counsel, Sri K. M. Chandra Prasad submitted that the value of the property is a question of fact to be determined on evidence and, so the question of payment of Court fee as well as the valuation of suit question had not to be decided until the recording of evidence on all issues and till then additional Court fee could not be demanded. He submitted that valuation of the property being a mixed question of law and fact, and that in view of Order 14, Rule 2 of the cpc, this issue ought to have been decided along with other issues on the merits after recording of entire evidence and not by way of piece meal trial and, as such the Court below acted illegally in deciding the issue regarding payment of Court fee. He further submitted that the framing of issue is also erroneous, as the issue has been to the effect: Whether defendant proves that the court fee paid on the plaint is incorrect, as contended in para 19 of the written statement? learned Counsel for the petitioner contended that the issue ought to have been to the effect: whether the suit has been properly valued and Court fee paid is correct?