K.S.RADHAKRISHNAN, VIKRAMAJIT SEN
Polamrasetti Manikyam – Appellant
Versus
Teegala Venkata Ramayya – Respondent
JUDGMENT
K. S. RADHAKRISHNAN, J. –
1. Leave granted.
2. We are, in this case, concerned with the interpretation of Section 37 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 (for short "the Court Fees Act") as to whether it authorizes the valuation of the suit on the basis of the sale consideration mentioned in the sale deed or to be valued on the basis of the market value of the property as on the date of presentation of the plaint for the purpose of Court Fee and jurisdiction.
3. Learned Single Judge of the Andhra Pradesh High Court in the impugned judgment placing reliance on the Full Bench judgment of the Madras High Court in Kolachala Kutumba Sastri v. Lakkaraju Bala Tripura Sundaramma & Ors. AIR 1939 Mad. 462, and the Division Bench Judgment of the Andhra Pradesh High Court in Lakshminagar Housing Welfare Association v. Syed Sami @ Syed Samiuddin & Ors. (2010) 5 ALT 96, held that in a suit for cancellation of sale deed, Court Fee has to be determined on the market value of the property as on the date of presentation of the plaint and not the value shown in the registered sale deed, the legality of which is under challenge in these appeals.
4. The Appellants/Plaintif
Tripura Sundaramma & Ors. AIR 1939 Mad. 462 [Para 3] – overruled
T.S. Rajam Ammal v. V.N. Swaminathan & Ors. AIR 1954 Mad. 152 [Para 5] – Referred
Satheedevi v. Prasanna and another (2010) 5 SCC 622 [Para 8] – relied
Krishnan Damodaran v. Padmanabhan Parvathy 1972 KLT 774 [Para 10] – Referred
P.K. Vasudeva Rao v. K.C. Hari Menon AIR 1982 Ker 35 [Para 10] – Referred
Pachayammal v. Dwaraswamy Pillai 2006 (3) KLT 527 [Para 10] – Referred
Appikunju Meerasayu v. Meeran 1964 KLT 895 [Para 10] – Referred
Uma Antherjanam v. Govindaru Namboodiripad 1966 KLT 1046 [Para 10] – Referred
Allam Venkateswara Reddy v. Golla Venkatanarayana AIR 1975 AP 122[Para 13] – Referred
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