JOYA KURIAKOSE Vs. JOMON KURIAKOSE

JUDGEMENT

(1.) The plaintiff in O.S. 304/1997 on the file of the Addl. Sub Court, Kottayam is the revision petition. The suit was filed by the revision petitioner to set aside the sale deed No. 2283/1996 of Kidangoor Sub-Registrar's Office on the grounds of fraud, undue influence coercion etc. The plaintiff valued the suit at Rs. 62,000/-, under value of the property shown in the sale deed sought to be set aside.

(2.) The 1st defendant filed I.A. 181/98 under Section 12(2) of the Court Fees Act to direct the plaintiff to pay proper Court fee. The Lower Court allowed the I.A. and directed the plaintiff to value the relief A claimed in the plaint at Rs. 5 lakhs and to pay court fee accordingly.

(3.) The fact that the suit is filed to set aside sale deed No. 2283/96 of Kidangoor Sub Registrar's Office for a consideration of Rs. 82,000/- is not in dispute. The only question is what is the proper value of the plaint schedule property for payment of Court fee in the suit. The plaintiff has valued the suit for the purpose of Court fee at Rs. 82,000/- the value of the property shown in the assignment deed.