SURESH KAPOOR Vs. SHASHI KRISHAN LAL KHANNA

JUDGEMENT

(1.) IA No.14898/2011 (Order VII Rule 11 CPC) by Defendant no.1

(2.) The Plaintiff claims 1/9th share in the suit property which was owned by Late Mrs. Gullo Devi Malhotra, maternal grandmother of the Plaintiff. In the application it is stated that the Plaintiff admittedly is not in possession of the suit property, therefore, he is required to pay the court fee on the market value of his share in the suit property for seeking the relief of partition. It is also stated that the suit property consists of a built-up house on land measuring 725 sq. yds., which is valued at Rs.50 crores. The suit being undervalued is liable to be dismissed.

(3.) Before adverting to the facts of the instant case, it would be essential to take note of the statutory provisions which govern valuation of the suit for the purpose of court fee. As per Section 7 (iv) (b) of the Court Fees Act, 1870 (the Act) any suit to enforce right to share in any property on the ground that it is a joint family property, the court fee is payable according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. At the same time, as per Section 7(v)(e) of the Act, in a suit for possession of house or garden, the suit has to be valued for the purpose of court fee according to the market value of the house or garden. As per Article 17 (vi) Schedule II of the Act, in every suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided by the Act, fixed court fee is payable.