Karnataka High Court
Mr. S. Afthab Hussain vs Smt. D. Saroja on 2 September, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 21612 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 21612 OF 2024 (GM-CPC)
BETWEEN:
MR. S. AFTHAB HUSSAIN,
AGED ABOUT 45 YEARS,
SON OF SYED SAMEULLA,
RESIDING AT NO. 357,
BHARALILALPET,
ROBERTSONPET,
KGF - 563 113.
...PETITIONER
(BY SRI. M.R.RAJGOPAL SERNIOR ADVOCATE FOR SRI. ZUBAIR
AHMED KHAN A.,ADVOCATE)
AND:
1. SMT. D. SAROJA,
Digitally signed
by JUANITA WIFE OF LATE V. RAMACHANDRA,
THEJESWINI AGED ABOUT 70 YEARS,
Location: HIGH
COURT OF 2. SRI. R. SATISH KUMAR,
KARNATAKA S/O LATE V. RAMACHANDRA,
AGED ABOUT 44 YEARS,
RESPONDENT NOS. 1 AND 2 ARE
PRESENTLY RESIDING AT NO. 40,
1ST FLOOR, SHIVA TEMPLE ROAD,
BASAVA SAMITHI LAYOUT,
VIDYARANYAPURA,
BENGALURU-560 097.
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3. SRI. P. J. LOGANATHAN
SON OF LATE JAYARAM NAIDU,
AGED ABOUT 79 YEARS,
4. SRI. P. J. RAGHUPATHY,
SON OF LATE JAYARAM NAIDU,
AGED ABOUT 74 YEARS,
5. SRI. P. PARTHASARATHY,
SON OF LATE JAYARAM NAIDU
@ PARTHASARATHY,
AGED ABOUT 67 YEARS,
RESPONDENT NOS.3 TO5 ARE
R/AT NO.5/A, CYCLE VARADARAJULU
STREET, VANDAVASI,
THIRUVANNAMMAL DISTRICT,
TAMILNADU - 606 601.
6. MRS. A. ANNA MARY,
WIFE OF MR. M. S. ARMUGAM,
AGED ABOUT 45 YEARS,
R/AT NO. 25, D STREET,
JAYARAJ NAGAR, ULSOOR,
BENGALURU - 560 008.
7. SMT. SHANTHI,
AGED ABOUT 45 YEARS,
WIFE OF P.A. SARAVANA VEL,
R/AT NO.12TH CROSS,
SWARNA NAGAR,
ROBERTSONPET,
KGF - 563 133.
8. SRI. S. NAGABHUSHANA,
AGED ABOUT 35 YEARS,
S/O. LATE SRI.CHINNAPAIAHARI,
R/AT BEHIND POLICE QUARTERS,
SWARNAKUPPAM,
ROBERTSONPET,
K.G.F. - 563 113.
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9. MR. A. REAGAN,
AGED ABOUT 36 YEARS,
S/O. LATE S. AROKIA DAS,
R/AT D. NO. 34,
NEW COLONY, CHAMRAJPET,
ANDERSONPET POST,
K.G.F. - 563 133.
10. SRI. P. KANNAN,
AGED ABOUT 43 YEARS,
SON OF SRI. T. RANGANATHAN,
R/AT E BLOCK, MUSKAM,
ANDERSONPET POST,
K.G.F - 563 133.
11. SRI. T. SUNDARACHARI,
AGED ABOUT 43 YEARS,
S/O. SRI. THIMMACRAYACHARI,
R/AT 3RD CROSS ROAD,
ROBERTSONPET,
K.G.F - 563 113.
12. MRS. A. BEULAH PRINCY,
AGED ABOUT 44 YEARS,
W/O. SRI. S. JUDSN PRABHU,
R/AT NO. 221, 6TH CROSS,
ANGLO INDIAN COLONY,
ROBERTSONPET,
K.G.F - 563 113.
13. MR. J. VINCENT LECORI,
S/O. LATE MR. JACOB,
AGED MAJOR,
R/AT NO. 517, E.T. BLOCK,
OORGUMPT,
K.G.F. - 563 113.
14. SRI. M. THANGARAJ,
AGED ABOUT 30 YEARS,
S/O. SRI. R. MANI,
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15. SRI. M. VIJAYA KUMAR
AGED ABOUT 36 YEARS,
S/O. SRI. R. MANI,
RESPONDENT NOS.14 AND 15
ARE R/AT D. NO. 656,
S.T. BLOCK, OORGAUM PET,
K.G.F. - 563 113.
16. SMT. DIVYA. N,
AGED ABOUT 31 YEARS,
WIFE OF A. SURESH KUMAR,
R/AT NO. D. NO. 8,
B BLOCK, MUSKAM,
ANDERSONPET,
K.G.F - 563 113.
17. SRI. C. VENKATESH
AGED ABOUT 50 YEARS,
S/O. SRI. CHINNASWAMY,
R/AT NO. DINNAHALLI VILLAGE,
PARANDAHALLI POST,
ROBERTSONPET,
K.G.F. - 563 113.
18. SMT. N. SARASWATHI,
AGED ABOUT 45 YEARS,
W/O. SRI. N. NEHRU,
R/AT NO. 1056,
4TH BLOCK, ROBERTSONPET,
K.G.F. - 563 113.
19. SRI. V. C. NADARAJAN,
AGED ABOUT 58 YEARS,
SON OF LATE SRI.CHINNASWAMY,
R/AT NO. 338, OLD ORIENTAL LANE,
COROMONDEL POST,
K.G.F. - 563 113.
20. SRI. N. KARTHIK,
AGED ABOUT 33 YEARS,
S/O. G. NETHIRANANDAN,
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R/AT NO. 1165, 3RD CROSS ROAD,
NORTH OF GEETHA ROAD,
ROBERTSONPET,
K.G.F. - 563 113.
21. SRI. KAMALESH GEHLOT,
AGED ABOUT 31 YEARS,
S/O. SRI. P. N. SURESH KUMAR,
R/AT OPP. TELEGRAM OFFICE,
2ND CROSS ROAD,
ROBERTSONPET,
K.G.F. - 563 113.
22. MRS. M. NAJMA,
AGED ABOUT 31 YEARS,
WIFE OF MR. SYED SABIR HUSSAIN,
R/AT NO. 59, ITALIAN QUARTERS,
MARIKUPPAM POST,
K.G.F. - 563 113.
23. MR. CLINTON JAMES KELMAN,
AGED ABOUT 67 YEARS,
S/O. LATE COLIN LESLIE KELMAN,
24. MRS. LEONIE ISABEL KELMAN,
AGED ABOUT 64 YEARS,
WIFE OF MR. CLINTON JAMES KELMAN,
RESPONDENT NOS.23 AND 24 ARE
R/AT NO. ICC-211,
1ST 'C' CROSS, 3RD BLOCK,
HRBR LAYOUT,
BENGALURU - 560 084.
25. SARAH ISABEL KELMAN,
AGED ABOUT 41 YEARS,
D/O. MR. CLINTON JAMES KELMAN,
R/AT NO. ICC-211,
1ST 'C' CROSS, 3RD BLOCK,
HRBR LAYOUT,
BENGALURU - 560 084.
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26. SRI. A. VEDAJALAM,
AGED ABOUT 54 YEARS,
S/O. SRI. ARMUGAM,
R/AT NO. 167,
KENNEDY'S 4TH LINE,
OORGAUM POST, K.G.F. - 563 113.
27. MR. KHADER ALI,
SON OF LATE ABDUL MALIK,
AGED ABOUT 56 YEARS,
R/AT NO. 3RD CROSS ROAD,
ROBERTSONPET,
K.G.F. - 563 113.
28. MRS. G. SHANTHI,
AGED ABOUT 62 YEARS,
W/O. SRI. GAJENDRAN,
R/AT NO. 8, KAVERI NAGAR,
BEML NAGAR POST, K.G.F - 563 113.
29. SMT. P. KAMALAVENI,
AGED ABOUT 63 YEARS,
W/O. R. ARMUGAM,
R/AT D. NO. 1612,
OLD THIMMAYYA COMPOUND,
NEAR SANITARY BOARD,
4TH CROSS ROAD,
ROBERTSONPET,
K.G.F. - 563 113.
30. SMT. P. KOWSALYA,
AGED ABOUT 57 YEARS,
D/O. SRI. PERUMAL,
R/AT D. NO. 1612,
OLD THIMMAYYA COMPOUND,
NEAR SANITARY BOARD,
4TH CROSS ROAD,
ROBERTSONPET,
K.G.F - 563 113.
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31. SMT. M. KAVITHA,
AGED ABOUT 42 YEARS,
W/O. M. MURALI,
R/AT NO. C-540,
ITALIAN QUARTER,
SMITH ROAD,
CHAMPION REEFS,
KGF - 563 117.
32. SMT. S. REVATHI,
AGED ABOUT 42 YEARS,
W/O. V. SUNDER,
R/AT NO. C-540,
ITALIAN QUARTER,
SMITH ROAD,
CHAMPION REEFS,
KGF - 563 117.
33. SRI. A. PURUSHOTH KUMAR,
AGED ABOUT 39 YEARS,
S/O. G. ANAND RAJU,
R/AT NO.8, NEW BUILDING,
MUSKAM B BLOCK,
ANDERSONPET POST,
K.G.F - 563 113.
34. SMT. K. SUDHA,
AGED ABOUT 35 YEARS,
W/O. G. PRABAKARAN,
R/AT NO. A/121,
NEW MODEL HOUSE,
CORMANDEL POST,
K.G.F. - 563 113.
35. SRI. NARAIN NANDA KUMAR. N.,
AGED ABOUT 40 YEARS,
SON OF U. MANI,
R/AT NO. 568, NEAR RAILWAY STATION,
OORGAUM POST,
K.G.F. - 563 113.
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36. SRI. D. MAHESH KUMAR,
AGED ABOUT 35 YEARS,
SON OF B. DHARMICHAND,
R/AT 2ND CROSS ROAD,
ROBERTSONPET,
K.G.F. - 563 113.
37. SRI. DARSHAN KUMAR. S,
AGED ABOUT 25 YEARS,
SON OF B. SUNIL KUMAR,
R/AT 1ST CROSS ROAD,
ROBERTSONPET,
K.G.F. - 563 122.
38. MR. JAWAD RAHEEL KHADRI,
AGED ABOUT 33 YEARS,
S/O. MR. AMANULLA KHAN,
R/AT D. NO. 1425, 5TH CROSS,
GEETHA ROAD, ROBERTSONPET,
K.G.F. - 563 122.
39. MRS. NOORIE BEGUM,
AGED ABOUT 36 YEARS,
W/O. MR. AFTAB SHAKEEL KHAN,
R/AT D.NO. 1425,
5TH CROSS, GEETHA ROAD,
ROBERTSONPET,
K.G. F. - 563 122.
40. MRS. D. HELEN,
AGED ABOUT 42 YEARS,
W/O. MR. RAJAN BABU,
R/AT NO. 27, A BLOCK,
ALI KADAI, MARIKUPPAM,
K.G.F. - 563 113.
41. SRI. R. VISHWANATHAN,
AGED ABOUT 44 YEARS,
S/O. RANJAN,
R/AT NO.12, B CROSS,
SWARNANAGAR,
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ROBERTSONPET,
K.G.F.-563 113.
42. MR. MOHAMMED AHMED,
S/O. LATE M. ABDUL REHMAN,
R/AT NO. 003,
PALM SPRINGS APARTMENT,
1ST CROSS, VENKATADRI LAYOUT,
PANDURANGANAGAR,
BENGALURU - 560 076.
43. SMT. KALPANA. D,
W/O. M. VIJAYA KUMAR,
AGED ABOUT 41 YEARS,
R/AT HOUSE NO. 205,
SRI. LAKSHMI NILAYAM,
KRISHNAPURAM,
OORGAUMPET POST,
K.G.F. - 563 113.
...RESPONDENTS
(BY SRI. CHANDRA SHEKAR R., ADVOCATE FOR R1 AND R2.
V/O/DATED 09.08.2024, NOTICE TO R3 TO R43 D/W.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 12.03.2024 PASSED IN OS NO.
355/2018 BY THE HONORABLE II ADDITIONAL CIVIL JUDGE
AND JMFC, KGF ON IA NO.11 FILED UNDER ORDER 14 RULE 5
R/W SECTION 151 OF CPC VIDE ANNEXURE-A AND
CONSEQUENTLY TO ALLOW THE IA NO.11 AND FRAMED THE
ADDITIONAL ISSUES TO DECIDE THE MATTER ON MERITS AND
ETC.
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THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner/defendant No.4 is before this Court aggrieved by the impugned order dated 12.03.2024 whereby IA No.11 filed by the petitioner under Order 14 Rule 5 read with Section 151 of CPC for framing of additional issues, more particularly regarding the valuation and payment of Court fee, has been rejected.
2. Learned Senior counsel Sri.M.R.Rajagopal appearing for the petitioner has placed reliance on the judgment of Full Bench of this Court in the case of MRS.ELFREEDA WINNIFRED D'SOUZA V/S ROBIN D'SOUZA AND OTHERS in W.P.No.40157/2014(GM-CPC) dated 10.12.2021 wherein the Full Bench has upheld a decision of a learned single Judge in the case of SMT.VIJAYALAKSHMI V/S SMT.UGAMA BAI, (2015) 4 KCCR 3947, having regard to another judgment passed by the Division Bench in the case of J.NARAYANA AND
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OTHERS V/S CORPORATION OF CITY OF
BANGALORE, ILR 2005 KAR 60, wherein it was held that the expression "paying annual revenue to the Government" in Section 7(2)(d) of the Karntaka Court Fees and Suits Valuation Act, 1958, the liability to pay land revenue must be clear and subsisting one. In case of such liability seizes to exist on account of incorporation of the area within the limits of a Municipal Corporation, the land cannot be said to be paying annual revenue to the government. That is because the liability to pay any such revenue must be deemed to have seized from the moment the land is included in the extended Corporation limits. The Full Bench proceeded to hold that if the suit schedule property is situated within the limits of a Municipal Corporation, for the purpose of Court fee, its market value has to be taken into consideration, even if the land continues to be agricultural land in the official records and the land revenue instead of Municipal tax, otherwise is payable thereon.
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3. Having regard to the decision of full Bench, the impugned order cannot be sustained.
4. Learned counsel for the respondents however seeks to contend that the contention raised by the respondents in their plaint is that they have not sold the property to the petitioner. They have retained the suit schedule property as agricultural land and therefore, the impugned order has to be sustained. It is also the contention of the respondents that the sale deeds under which the petitioner's vendor's claimed title are fraudulent in nature and therefore, their prayer before the Court is for declaration as such.
5. Having heard the learned Senior counsel for the petitioner and learned counsel for the respondents and on perusing the petition papers, this Court is of the considered opinion that if only the judgment of the Full Bench was brought to the notice of the Trial Court, the impugned order would not have been passed.
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6. The Full Bench has clearly held that even if the land continues to be agricultural land in terms of the official revenue records, nevertheless, once the lands have come within the jurisdiction of the Municipal Corporation, Court fee is required to be paid on the market value of the property and not as agricultural lands. That being the position, and having regard to the admitted fact that the lands in question fall within the limits of the Kolar City Corporation, the respondents/plaintiffs had to pay the Court fee valuing the suit schedule property in terms of their market value as on the date of filing of the suit.
7. At this juncture, learned counsel for the respondents/plaintiffs submit that instead of allowing the application and framing additional issues in respect of the Court fee and valuation, the respondents/plaintiffs may be permitted to file a fresh valuation slip and value the suit schedule property in terms of the directions issued by the Full Bench and proceed with the matter.
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8. Accordingly, the writ petition is partly allowed. The impugned order dated 12.03.2024 on IA No.11 under Order 14 Rule 5 read with Section 151 of CPC is hereby quashed and set-aside. Nevertheless, instead of allowing the application and directing framing of additional issues, having regard to the submissions made by the learned counsel for the respondents/plaintiffs, three weeks' time is granted to them to file a fresh valuation slip in terms of the judgment of the Full Bench and pay Court fee accordingly. Court fee shall also be paid within a period of four weeks from today.
9. The writ petition is accordingly disposed of.
10. It is also made clear that the market value shall be shown in terms of the guidance value issued by the State Government in terms of Section 45(B) of the Karnataka Stamp Act, 1957.
11. Having regard to the fact that the suit was filed in the year 2018, the learned II Additional Civil Judge and JMFC, KGF is requested to try and dispose of the suit itself
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Sd/-
(R DEVDAS) JUDGE RMS List No.: 1 Sl No.: 11