J K ASSOCIATES Vs. B PREMEELA DEVI

JUDGEMENT

(1.) Plaintiff in O.S.No.1137 of 2000, in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad, filed this revision, under Article 227 of the Constitution of India, feeling aggrieved by an order passed by the trial Court, in an application filed under Section 11 (2) of Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (for short "the Act").

(2.) The petitioner is a builder. It entered into an agreement with the respondents on 7-9-1997, for the purpose of developing the suit schedule property, by constructing multi-storied complex. Various terms and conditions were agreed upon. It is stated that a sum of Rs.4,00,000/- was paid to the respondents towards refundable deposit. In addition to that, petitioner claimed that it paid a sum of Rs.80,000/- towards rent under the agreement. The possession of the property was to be delivered to the petitioner within a particular time, so as to enable ittocommence construction. Alleging that the respondents violated the conditions and did not deliver the possession of the land, the petitioner filed the suitforspecific performance of the agreement, dated 7-9-1997. The suit is pending trial. The petitioner valued the suit at Rs.4,80,000/-and paid the court-fee on that amount, under Section 39 of the Act.

(3.) Respondents filed I.A.No.829of 2003, under Section 11 (2) of the Act, alleging that the petitioner is seeking delivery of possession of the land, which is worth Rs.60,00,000/-, and in that view of the matter, the court-fee ought to have been paid under Section 29 of the Act. The application was resisted by the petitioner. The trial Court allowed the LA., through its orderdated 25-9-2003.lt required the petitioner to value the suit under Sections 29 (and 39) of the Act and pay the court-fee accordingly.