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M. G. UMA
Kunhanna Shetty – Appellant
Versus
Cecilia Crasta – Respondent
ORDER :
Mrs. M.G. Uma, J. - Defendant No.1 in O.S.826/2012 on the file of the learned III Additional Civil Judge and JMFC, Mangaluru, Dakshina Kannada (hereinafter referred to as 'the trial Court' for brevity), is impugning the order dated 19.10.2017 passed on preliminary issue No.4 holding that the suit of the plaintiffs is properly valued for the purpose of Court fee and jurisdiction.
2. Heard Sri. Vijaya Krihna Bhat M., learned counsel for the petitioner and Sri. M. Sudhakar Pai, learned counsel for the respondents. Perused the materials on record.
3. Learned counsel for the petitioner submitted that the plaintiffs filed the suit for declaration that the sale deed is fraudulent one, not binding on the plaintiffs and for a direction to the Sub Registrar to delete the entry with regard to the said sale deed and further for permanent injunction. In fact, the Court fee that is required to be paid is under Section 24(b) of the Karnataka Court Fees and Suits Valuation Act ('the Act' for short), taking into consideration the market value of the property in question. But the plaintiffs valued it under Section 24(d) of the Act for declaration that the sale deed is not binding on them and va
Plaintiffs not party to sale deed entitled to value suit under Section 24(d) of the Karnataka Court Fees Act for declaration that sale deed is not binding.
Valuation of suits for declaration with consequential relief must relate to market value and should not be arbitrary, following Section 7(iv)(c) of the Court Fees Act, 1870.
Non-executants in declaratory suits are permitted to value court fees under Section 24(d) of the Karnataka Act, distinct from executants governed by Section 38 regarding cancellation, affirming juris....
In suits for declaration without consequential relief, court fees must be calculated based on the market value of the property as of the date of plaint presentation, not the value stated in the docum....
The plaintiffs, as dominus litis, have the right to value the suit based on the assertions made in the plaint, and the basis for valuation of the suit itself stood altered when the relief of declarat....
The central legal point established in the judgment is that the valuation of court fee in a partition suit is based on the market value of the property or a specified amount, and the plaintiff's alle....
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
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