SECRETARY SERVICE CO OP SOCIETY LTD Vs. BAHULEYAN

JUDGEMENT

(1.) This is a court fee reference. The office note reads:

(2.) The appellant society, who is the 3rd defendant in the suit out of which this Second Appeal arises, obtained an award for money against the 4th defendant in that suit under S.70 of the Kerala Cooperative Societies Act, 1969. Pursuant to the award as aforesaid and in execution thereof the Sales Officer attached certain movables which are the subject matter of the present suit. The plaintiff in the present suit preferred a claim under R.90(iii) of the Cooperative Societies Rules, 1969. This claim preferred by the plaintiff was rejected by the Sales Officer. The plaintiff therefore instituted the suit under R.90(iii) of the aforesaid Rules. The plaintiff sought a declaration of his ownership over the movables which were attached besides praying for setting aside the attachment order and to restrain by permanent injunction the Sales Officer from proceeding to sell the attached movables. The plaintiff valued these reliefs with reference to the market value of the attached movables and paid court fee thereon under S.25(a) of the Kerala Court Fees and Suits Valuation Act, 1959. The office note mentions that the 'proper section of the Kerala Court Fees and Suits Valuation Act, 1959 that governs the case is S.25(d)(i) of the said Act. The appellant has proceeded on the basis that S.41(2) of the Kerala Court Fees and Suits Valuation Act governs the suit and on that basis he has paid court fee in this Second Appeal

(3.) Explanation to S.41(2) of the Act says that for the purpose of that section, the Registrar of Cooperative Societies shall be deemed to be a Civil Court. The suit contemplated by S.41 of the Kerala Court Fees and Suits Valuation Act is one to set aside an attachment by a Civil or Revenue Court of any property, movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment. Under that section court fee is to be computed on the amount for which the property was attached or on one fourth of the market value of the property attached, whichever is less.