P. NARAYANAN NAIR Vs. LOKESHAN NAIR

JUDGEMENT

(1.) The question involved in this Writ Petition is whether the plaintiff has to pay court fee after determining the market value under Section 7(2) of the Kerala Court Fees and Suits Valuation Act, 1959 (hereinafter referred to as 'the Court Fees Act') or whether the market value should be computed in accordance with sub-section (3A) of Section 7 of the Court Fees Act.

(2.) The petitioner filed O.S.No.95 of 2006 on the file of the Court of the Subordinate Judge, Kozhikode against the respondents for a decree "declaring that on the strength of documents 1655/1970, 2248/1970 and 892/1972 of Chevayur S.R.O., late Smt.Soudamini Amma had not acquired any right, title and possession over the plaint schedule property, transfers as per the aforesaid documents were only Benami transaction and to the effect that plaintiff is the actual absolute owner and is in lawful possession of the same". There is also a prayer for permanent prohibitory injunction. The market value of the plaint schedule properties was estimated at Rs. 2,10,000/- and for the purpose of court fee, one-half of the market value was assessed at Rs. 1,05,000/-. The court fee for the prayer for declaration was shown as payable under Section 25(b) of the Court Fees Act. The total court fee payable was shown in the plaint as Rs. 9,000/-. The jurisdictional value was shown as Rs. 2,11,000/- for the reliefs of declaration and injunction.

(3.) Three items of immovable properties are scheduled to the plaint. Item No.1 is admittedly a "nilam" having an extent of 7 cents. Item No.2 is described as a portion of "Panoli Kizhakkuveedu Parabu", having an extent of 54 cents. Item No.3 of the plaint schedule is also having the same description as shown in item No.2. The extent of item No.3 is 9.25 cents.