O R D E R

Order dated 19.12.2012 on I.A. No. 1591 of 2012 in O.S No.

541 of 2011 of Principal Sub Court, North Paravur on the issue of valuation of the suit and payment of court fee is under challenge.

2. Respondent/plaintiff filed the suit for declaration of title and possession he claimed over the property, that some documents concerning the property are not binding on him and for consequential injunction. For the relief of declaration he valued the suit under Sec.25(b) of the Kerala Court Fees and Suit Valuation Act (for short the “the Act”) and paid court fee on market value of the property assessed under Sec.7(2) of the said Act as if it is agricultural land. Petitioners contend that said property is commercial land and hence is liable to be assessed under Sec.7(3A) of the Act. That objection was rejected by the learned Sub Judge by the impugned order.

3. Learned Senior Advocate contends that the property involved is a commercial site and hence cannot be classified as agricultural land. It is contended that it is with reference to a report submitted by the Advocate Commissioner in another suit that learned Sub Judge came to the conclusion that the suit property is agricultural la