MR. P.K. JOHN, S/O. LATE IDICULAKUTTY, AGED 69 YEARS, RESIDING AT PANARATHUNDIL HOUSE C.C. NO. 29/1142, JUSTICE LANE, JANATHA ROAD VYTTILA, KOCHI - 19 Vs. JERUSALEM MAR THOMA CHURCH, ELAMKULAM, KADAVANTHRA P.O., KOCHI - 20, REP. BY ITS VIKAR,

JUDGEMENT

(1.) THE dispute relates to a Vault meant to bury the dead in a cemetery belonging to the first defendant church. The suit is one for declaration of title and possession and also for consequential injunction in regard to the Vault. The plaintiff contends that he purchased the vault for Rs. 10,000/ - in the year 1998 and that he need assess the market value on that basis only. The defendants on the other hand contend that Rs. 10,000/ - only denote the licence fee collected in regard to the Vault in question. The defendants further contend that the present licence fee comes to about Rs. 1,00,000/ - . Therefore the market value has to be assessed on that basis.

(2.) THE valuation in the plaint has to be on the basis of Section 25 (b) of the Kerala Court Fees and Suits Valuation Act, 1959 which is as follows: