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BASANT BALAJI
Shiny Benoy – Appellant
Versus
Leelamma Kuryan (Died) – Respondent
JUDGMENT :
(Basant Balaji, J.)
The petitioner in O.P.(C.) No.2752 of 2024 is the plaintiff, and the petitioner in O.P.(C) No.2834 of 2024 is the 2nd defendant in O.S.No.83 of 2020 pending before the Sub Court, Muvattupuzha. The issue involved in both these Original Petitions is regarding the court fee payable in the suit. Therefore, both the Petitions are heard together, and a common judgment is passed.
2. The brief facts necessary for the disposal of O.P.(C)s are as follows:
The plaintiff filed the suit to declare the settlement deed No.1135 /1/2016 dated 30.6.2016 of Pothanikkad SRO as null and void. The 2nd defendant filed a written statement contending that the suit is not maintainable and that the plaintiff has no cause of action. Regarding the valuation and payment of court fee, the 2nd defendant contended that the court fee paid is incorrect as the title deeds show the property's market value as Rs.52,33,000/-, but nowhere in the plaint it is stated how the valuation was arrived. The plaintiff ought to have valued the subject matter for the market value of the plaint schedule property as on the date of the suit for payment of Court fee. Since such a contention was raised, an is
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....
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.
The court established that the valuation of a suit must adhere strictly to the provisions of the Tamil Nadu Court Fee and Suit Valuation Act, and that any attempt to manipulate the valuation to gain ....
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 point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
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....
The valuation of a suit for recovery of possession must reflect the market value as per the Kerala Court Fees and Suits Valuation Act, and claims for rental value must be substantiated with evidence.
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.
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