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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A.PATIL
Rakesh Rai S/o Raghunath Rai – Appellant
Versus
Shivarama S/o Vishwanath – Respondent
ORDER :
1. This writ petition is filed challenging the order dated 14.09.2020 passed in O.S.No.1038/2017 by the Principal Civil Judge, Mangaluru, D.K.
2. Heard.
3. Sri.K.Ravishankar, learned counsel for the petitioners submits that the respondent No.1 filed a suit for partition and declaration that the sale deeds dated 16.11.2015 and 19.06.2017 are not binding on the plaintiff and does not affect the right, title and interest of the plaintiff in the suit schedule property. It is submitted that the respondent No.1 valued the suit for relief of partition at Rs.23/- for the purpose of Court fee and Rs.64,558/- for the purpose of jurisdiction and paid the Court fee of Rs.200/- as per Section 35 (2) of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as 'the Act') and valued the suit for the relief of declaration at Rs.1,000/- and paid the Court fee of Rs.25/- as per Section 24 (d) of the Act, which are incorrect. The respondent No.1 is required to value the relief No.2 as per Section 38 of the Act and for the purpose of jurisdiction, it should be valued as per Section 50 of the Act.
4. It is further submitted that the Trial Court considered the additional i
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....
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....
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.
The main legal principle established in the judgment is the distinction between the court fee payable for a suit for declaration of sale deed by a Plaintiff who is a party to the sale deed and a Plai....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
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.
In suits for cancellation of documents, court fees are to be computed based on the value mentioned in the document, not the market value, as established by the Karnataka Court Fees and Suits Valuatio....
In suits for specific performance, court fees are payable only on the main relief when ancillary reliefs are sought, as per the Rajasthan Court Fee and Suits Valuation Act, 1961.
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