UNNIKRISHNAN NAIR Vs. RADHAMMA D/O GOURI AMMA

JUDGEMENT

(1.) THE defendant in O.S.No.836 of 2004 of the Additional Munsiff's Court, Kollam is aggrieved by Ext.P6, order as regards payment of court fee for relief (b) in the plaint and has filed this original petition under Article 227 of the Constitution.

(2.) ON the question of court fee, the litigation has been turning around for the last eight years in various courts. The respondents/plaintiffs, as Ext.P1, the amended plaint prayed for the following reliefs:

(3.) THE petitioner filed F.A.O.No.92 of 2011 challenging the judgment in A.S.No.354 of 2009. This Court disposed of the appeal by judgment dated 14.12.2011 (Ext.P5). This Court directed that the trial court is to consider whether the suit property is agricultural land or garden land and based on that, decide the question of sufficiency of court fee. Pursuant to Ext.P5, judgment the trial court passed Ext.P6, order.