SAJI SEBASTIAN Vs. MARUYAKUTTY

JUDGEMENT

(1.) THE defendants in O.S.No.112 of 2011 of the Munsiff's Court, Muvattupuzha are aggrieved by Ext.P6, order refusing to direct the respondents/plaintiffs to value the suit on the market value of the property under Sec.27(a)(ii) of the Kerala Court Fees and Suits Valuation Act (for short, "the Act").

(2.) THE respondents though asserting title to the suit property, claimed to be in possession of the said property on the strength of Ext.P2, patta No.26 of 1970 and prayed for a decree for prohibitory injunction to restrain the petitioners from trespassing into the said property. The respondents valued the relief of injunction at Rs.500.00 and paid court fee under Sec.27(c) of the Act.

(3.) THE learned Munsiff passed Ext.P6, order. It is found that in the nature of the reliefs sought for against the petitioners, the suit is not bad for non- joinder or mis-joinder of necessary party and that the State Government is not a necessary party.