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2002 Supreme(Kar) 110

G.C.BHARUKA
MANICKLAL VERMA – Appellant
Versus
JAMANADEVI – Respondent


Advocates:
D.H.Mokashi, SHEKAR SHETTY

G. C. BHARUKA, J.

( 1 ) HEARD the learned counsel for the petitioners and the respondents.

( 2 ) THIS is defendants' revision under Section 115 CPC. The suit is for possession of the suit property which has been valued at 14,00,000/- under Section 29 of the Karnataka Court Fees and Suits Valuation Act, 1958 (in short the 'act') ad valoram Court fee of Rs. 26,875/- has been paid. By the impugned order, the Court below has held that the Court fee paid on the plaint was sufficient.

( 3 ) THE defendants disputed the valuation of the said suit property. The Court below, after examining the valuation given by the Registered Valuer and taking into account the age of the building which is about 60 years old, found that the Court fee paid on the plaint was sufficient.

( 4 ) ACCORDING to the learned counsel appearing for the petitioner/defendant, the trial Court has miserably erred in determining the market value of the subject matter of the suit by not taking into consideration the relevant factors and further by not holding proper enquiry in this regard as required under Section 11 (2) of the Act. On the other hand, the learned counsel appearing for the respondent has taken an objection to













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