BYRAPPA Vs. MYSORE PAPER MILLS LIMITED

JUDGEMENT

(1.) THE controversy in the present matter is regarding the payment of the Court fees. The suit for declaration claiming a sum of Rs. 2,15,350/-was filed by the petitioner. Earlier, in the suit, there were two pray;rs, one was to declare that the plaintiff is entitled to receive the amount of rs. 2,15,350/- with interest at the rate of 18% p. a. on the said amount till realisation, and the other one was for a mandatory injunction direcing to return the said deposit amount which was deleted. By an order dated 28-11-1997, the Court found that the Court fee of Rs. 2007- paid by the plaintiff under Section 47 of the Karnataka Court Fees and Suits valuation Act, is insufficient and therefore, he was directed to pay ad valorem Court fee in accordance with Section 21 of the Act.

(2.) THE submission of the learned Counsel for the petitioner is, that, in a suit for declaration that the plaintiff is entitled for certain amount lying in deposit, he need not pay anything more than the Court fees fixed than what is prescribed under Section 47 of the Karnataka Court fees and Suits Valuation Act and the provisions of Section 21 are not applicable.

(3.) RELIANCE is placed on the judgment given in the case of 3. Subba rao v B. Venkata Rao and Another.