SUDHIR VASANT KARNATAKI Vs. YASHWANT VASUDEO NATU

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard the learned Counsel for the parties.

(2.) The petitioner before this Court is the original defendant No.1, who has challenged the valuation of the suit for the purpose of payment of Court fees. The respondent nos. 1 and 2 in the petition are the original plaintiff Nos. 1 and 2. Respondent Nos. 3 and 4 are sons of respondent No.1 and they were impleaded as defendant Nos. 2 and 3 in the suit as they were not available to sign the plaint at that time. Respondent No.2 is wife of the respondent No.1. According to the plaintiffs they held 1/3rd share in the suit property bearing CTS No.1332 having total area of 1905 sq. mtrs. on which one old dwelling house consisting of ground and first floor having structure of about 675 sq. mtrs. was standing. The remaining 2/3rd share in the said property was held by the other relatives belonging to Natu family. Partition had never taken place and thus, the plaintiffs had 1/3rd undivided share in the said property. The defendant No.1 had got executed sale deeds from the shareholders of remaining 2/3rd share earlier without putting the property to partition. Thereafter, he by using threats, coercion and force, got the sale deed of remaining 1/3rd share executed by the plaintiffs and their sons on 10.3.2008 and with help of goondas and anti-social elements, he took forcible possession of the suit property. The plaintiffs filed Suit No.1132 of 2009 with several prayers. Prayer (a) was to declare the sale deed dated 10.3.2008 executed by the plaintiff and defendant Nos. 2 and 3 in favour of defendant No.1 as illegal, null and void. Prayer clauses (b) and (c) read thus :-

(3.) The defendant No.1 raised objection to the valuation. According to him, the consideration of the sale deed dated 10.3.2008 was Rs.1,25,00,000/-. However, the plaintiffs were also seeking possession of the complete property, including the 2/3rd share sold by the other shareholders in the property. That 2/3rd share was also required to be valued at market value and the suit has to be valued and Court fees has to be paid on the basis of the value of the complete property. After hearing the parties, the learned trial Court rejected the application filed by the defendant No.1 holding that the suit has been properly valued in view of 1/3rd share of the plaintiffs in the suit property and that value of the 1/3rd share was Rs.1,25,00,000/-. The defendant No.1 has challenged that order in the present Writ Petition.