The main legal point established in the judgment is the requirement to consider the actual market value of the property, including improvements made by the plaintiff, for the purpose of court fee payment under the Karnataka Court Fees and Suits Valuation Act.

A.V. Chandrashekara, J.

1. This is a petition under Article 227 of the Constitution of India challenging the order passed by the learned Civil Judge, Moodabidri, in an unnumbered original suit filed by the petitioner as plaintiff against two persons namely, Smt. Rajani C. Bhat and Chandrashekar Swamiji in the year 2014. Office of the said Court had raised certain objections in regard to the Court fee paid. According to the office, Court fee is to be paid at Rs. 18,00,000/- as found in the body of the plaint and not as found in the valuation slip furnished along with the suit. The learned Judge has upheld the office objections and has directed the petitioner to pay Court fee on the actual and real market value of the schedule property as on the date of filing the suit. It is this order dated 10-10-2014 which is challenged before this Court on various grounds as set out in the petition.

2. The petitioner has filed the above suit seeking the relief as found in paragraph 6(a) of the plaint which is as under:

"(a) for a declaration that the alleged illegal registered gift deed dated 7-1-2014 (Document No. HLS/1/03379/2013-14 on CD No. HLSD90, dated 7-1-2014 in the office of the Sub-Registrar, Halasoor, Bangalore, executed by the 2nd defendant in favour of the 1st defendant in respect of the plaint 'A' Schedule property is null and void and not valid and binding on the plaintiff. Consequently for a permanent prohibitory injunction restraining the defendants, their men, servants, agents, successors, representatives and all persons claiming under them from trespassing into the plaint 'A' Schedule property, alienating the said property or in any way interfering with the peaceful possession and enjoyment of the plaint 'A' Schedule property by the plaintiff;

(b) for a declaration that the alleged irrevocable power of attorney dated 9-5-2013 registered in the notary book as Sl. No. 384, page 5, Vol. 2, in Bangalore by the Notary, G.N. Venkataramanappa-Bangalore Metropolitan Area bearing Regn. No. Law 39 LCL 2009 is null and void;

(c) for payment of full costs of this suit; and

(d) for such other and further reliefs as the Court deems fit to grant under the circumstances of the case."

The necessary valuation is found below the prayer portion of the plaint:

In respect of prayer (a) : The above relief is valued to the extent of 0-05 acre of converted land out of the plaint ‘A’ Schedule property on the basis of one-half of Rs.1,25,000-00 at the rate of Rs.25,000/- percent being its present market value at Rs.62,500 under Section 24(b) and a Court fee of Rs. 3,937-50 is paid and to the remaining extent of agricultural land of 0-04 acre is valued at Rs. 1,000-00 under Section 24(b) read with Section 7(2)(a) of Karnataka Court Fees and Suits Valuation Act at Rs. 1.00 on the basis of 25 times of Rs. 0-04 being the annual revenue payable on the said property and a Court fee of 25-00 is paid herewith;	Rs.63,500/-
In respect of prayer (b); The above relief is valued at Rs.1,000/- under Section 24(d) of Karnataka Court Fees and Suits Valuation Act, 1958 and a court fee of Rs.25-00 is paid on this relief	Rs.1,000/-
Total	Rs.64,500/-

Incorporating the same, the valuation slip is filed along with the suit.

3. The property over which the above relief is sought is 5 guntas of land in Survey No. 57/P3 of Kilpady Village, has already been converted into non-agricultural purpose. In the plaint, the plaintiff has specifically averred that he is the absolute owner in possession of the schedule property on the strength of a grant made by the Tahsildar, Mangalore Taluk in No. C. Dis.LNA/CR.114/2010-11. He is stated to have got 5 guntas of land converted vide order dated 28-10-2010 passed by the Tahsildar, Mangalore, in No. LNA/CR.115/2010-11. Thereafter the plaintiff is stated