APPUKUTTAN Vs. KAMALAKSHI

JUDGEMENT

(1.) This is an appeal filed by the defendants in O.S. No. 69 of 1992 on the file of the Sub Court, Palakkad. Office has raised a question regarding the Court fee to be paid in the appeal.

(2.) The suit was one for cancellation or setting aside the registered sale deeds executed by the plaintiff respondent in favour of the appellants and for recovery of possession of the plaint schedule properties. There were certain other incidental and allied reliefs also. Suit was filed by the respondent as an indigent person. She has valued the two reliefs, namely cancellation of the documents and recovery of possession, separately at Rs. 1 lakh each and has stated that court fee is payable separately for the two reliefs. As per the decree, the impugned sale deeds have been cancelled and the relief of recovery of possession has also been allowed.

(3.) In the appeal, the appellants have shown a valuation of Rs. 1 lakh adopting the market value of the plaint schedule properties sold as per the impugned sale deeds as given in the plaint. However, Court fee has been paid only under S.40 of the Court Fees Act (for short 'the Act') on the market value of the properties covered by the two sale deeds. As regards the payment of Court fee for the relief of recovery possession, the appellants have stated that the said relief is only ancillary to the relief of cancellation of the sale deeds and no separate court fee is payable thereof.