P U K MENON Vs. EXCELADS PVT LTD

JUDGEMENT

(1.) This matter has been placed before me in view of the difference of opinion expressed by two learned Judges of this Court in P.V.K.Menon v. Excelads (P) Ltd., 2004 (2) KLT 1130, on the question of court fee payable in the appeal preferred by the defendants as per Explanation 4 of Section 52 of the Court Fees Act.

(2.) Learned Judge S.Sankarasubban took the view that additional defendants 3 to 9 need pay court fee for the reliefs they prayed for in the appeal though they had not raised any counter claim in the suit. Learned Judge A.K. Basheer on the other hand took the view that additional defendants 3 to 9 have to pay court fee on the subject matter of the suit, Rs. 75 lakhs, since they have not raised any counter claim in the suit on payment of court fee.

(3.) O.S. No. 479 of 1999 was a suit filed by respondents 1 and 2 herein as against defendants 1 and 2 who are respondents 3 and 4 herein for specific performance of four agreements for sale with all easements and other similar rights appurtenant thereto and also with the proportionate share. In the plaint it is stated that agreements for sale were executed by defendants 1 and 2 on 28.9.1996 for a total consideration of Rs. 75 lakhs. Pursuant to the execution of the agreement plaintiffs were put in possession of the properties. Plaintiffs had availed of cash credit facilities along with defendants 1 and 2 from the Tynampet (Chennai) branch of the Central Bank of India. For that purpose an equitable mortgage was created in respect of the plaint schedule property. Original title deeds of the property and the sale agreements were deposited with the Bank by the plaintiffs and defendants 1 and 2. Later though several requests were made by the plaintiffs to execute the assignment deeds, defendants 1 and 2 had failed to do so and hence plaintiff instituted the suit for a direction to defendants 1 and 2 to effect sale of plaint A, B, C and D properties in favour of the first plaintiff by duly registered deed of conveyance. Alternatively it was also prayed that the defendants may be directed to return to the first plaintiff a sum of Rs. 75 lakhs with interest thereon at the rate of 12% per annum from defendants 1 and 2 charged on the schedule properties.