STATE BANK OF INDIA Vs. NIYAS AND ORS.

JUDGEMENT

(1.) This is an unnumbered appeal posted by the Registry before us at the request made by the appellant-Bank for a decision on the question of adequacy of court fee payable by it in the appeal. The objection raised by the appellant is that it is not liable to pay court fee at the rate valued by the plaintiff in the suit before the court below.

(2.) The appellant is a third party to the suit and is aggrieved by the decree granted by the court below declaring Ext.A2 sale deed executed by the plaintiff in favour of the sole defendant in the suit as sham and void and directing the defendant to execute a deed of re-conveyance to the plaintiff in relation to the plaint schedule property and also to hand over possession thereof and also for consequential prohibitory injunction.

(3.) The suit was valued under Sections 25(b) and 30 and 27(c) of the Kerala Court Fees and Suits valuation Act, 1959 (for short, 'the Act') for the purpose of computation of court fee, adopting the market value of the property, It appears that being a multifarious suit, the court fee was computed on the aggregate value of all the aforesaid four reliefs.