E K AMMALU AMMA Vs. T K PADMAKSHI

JUDGEMENT

(1.) THE suit is one for a declaration that the plaintiffs have fixity of tenure over the plaint schedule property. The plaintiffs initially paid court fee under Section 43 (1)(c) of the Kerala Court Fees and Suit Valuation Act. This was on the premise that the suit is for establishing a right of lease hold over the property for which fee shall be levied on the amount of rent for the immovable property.

(2.) THE court below by order dated 06.06.2011 rendered a finding on issue No. 6 holding that court fee has to be paid under Section 25 (b) of the Court Fees Act. The court below noticed that what is claimed by the plaintiff is fixity of tenure which is a non evictable title. The right claimed is not merely a right of leasehold in which case Section 43 (1)(c) of the Court Fees Act cannot be called in aid. The finding so rendered on issue No. 6 by the court below is perfectly in order.

(3.) THE plaintiffs accepted this finding and applied for amendment of the plaint. A new plea was raised contending that the market value of the property need be computed under Section 7(3) of the Court Fees Act. Section 7 (3) would apply only if the plaint schedule property is a building alone. A reading of the plaint schedule will reveal that several items of land and buildings are included.