Karnataka High Court
Smt Damegunta Rajeswaramma W/O Shankar ... vs Smt Jayalakshmamma on 6 April, 2010
Author: Subhash B.Adi
Bench: Subhash B.Adi
<fMr: -Surnanth'. Reridy,
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
BATES THIS THE 06?" DAY OF APRIL 2010
BEFORE
THE HONBLE MRJUSTICE SUBHASH B.Ai):'1 V V' '
WRIT PETITION NO. 11913 oréous (c:M..ci§e)__
BETWEEN:
1. Smt. Damegunta Rajeshwarmnraa, _
W/0 Shankar Reddy, _ V
Aged about 80 years,' -_
Residing at Mudivarthi,' V _s "
Nellore District,' '
Ancihra Pradesh.
2. Smt. K0n§jéibi1_§jétn2i;1a,~._=.___ '
W/0 K. Rarraarn-;_Redciy,V ._ V'
Aged,abov!1t613 years,
Residing at]"?Ienub3r11i -Viilage, --
Bhuchi {M}, VNei1c§'re D.is"E.__ * '
Andhra Pradesh
Nos. 1-2 represerrteci by htheir :
Power 0.f.;{xtt0'1ney H01c¥.er_,____&
Aged about 1. Vy*F:_ars_,
S /'o_.BV.V«KuII1ar§1sWan1_ig Reddy,
Resic}iI1g.VN0.OO"1-- __IJt:;#Pr0menacie,
V -7 « ' ~ .39, Prc5:r__nar1ade'Rrgad,
Frazer T('3wn'----,
Bangaiore 560 005. .. PE'£'I'I'IONERS
{B"g¥":»¢:3rand1 Law Chambers, Advs.)
1. Smt. Jayalakshmarmna.
W / o Venkataswamy,
Aged about 42 years,
2. Kum. Sushma,
D/o Venkataswamy,
Aged about 13 years.
Since minor represented by
Respondent No.1 who is
Mother and Natural Guardian.
Nos. 1 81 2 Residing at No. 184, 18''1 E Main, HAL H A :'Stage.,<""' = Bangalore. *
3. Sri.T. Rarnaswarny, ' S / 0 the late _'I'h.aI1.app§{1, V . é .
Aged about 71 V R/ at T. RarnaswarirryGuardanf ' Outer Ring; Road, ' ' Kada.bees.anaha1'iIj;_., '~ Panathur H Vartur Hobii, * -» t '-
Ban gaiore East.V'I'a..Iuk,' " -._ H " ' « '"
Bangalore 4 560 057. * , , R;.1~3 are repr"e.sented.
A 'I"'i<1rough"i"-.1:1eir GPA"Hoider V 'By name~Sri. R. Shankarappa, " VS/o ».Rani1a_s'y-rainy, 2 Aged about' years, R/ at '1'- Raraaswarny Guardan, Outer Ri"11"g Road, Kadavbé-.esanaha11i.
* .P_anathur Post, . Vartur Hobli, Bangalore East Taluk, Bangalore --~ 560 087. .. RESPONDENTS , _4(.fi~3y Sri. C. Ravi Kumar, Adv. for R1 to 3, Sri. ELK. Basavaraj, GP for State) objection as regard to the valuation of the property. Thereafter, plaintiffs were called upon to pay the deficit court fee on___the basis of the market Value and accordingly, plaintiffs suit at Rs.87',50,000/-- and the court fees of . paid including an amount of Rs.57,88.E_3/,:p__alrea'dy" if"
said payment of court fees was accepted against which, the defendants raise'd.__an vo'b._iec:*:iVonV'vhy.;iiii,ng application under Section 241» read with Order Vll Rule 11 of CPC seelx(ing~..,for rejection of the plaint on the ground that the...Co.urt lirilsufficient and the suit is not
4. The trial the Vijiiarket Value held that, the court feeis paid Voiifthe of the amount of consideration stated in the duocurnent "accordingly, rejected the objections ofpthe defendants, asv--.agains.t which this writ petition has been iiiedi = ..
for the petitioners submitted that, the suit is ofie for cancellation of document. In case of cancellation :'"o"f~--a"'documer1t, the suit has to be valued under Section 38 of 'i"i(_3i;;'*i'E"fiS the value of the property as on the date of the suit if ijs"Vrequired to be taken into consideration for the purpose of ,a<Aa'v'3
-":"."
determining the court fees. In this regard, he relied on the order passed by the trial court and pointed out that the trial court relying on the Valuation of 2005 has Valued _ instead of taking the Valuation as on the date of . suit. In support of her arguments, she_,re11'e_d on'"th'e of the Division Bench reported in 1963(1) matter of RRANGIAH AND ANOTHl3l'Z_V~vs--2 .. HAi\ft)l OTHERS and submitted that, in idenfica1.circunistances, while interpreting the provisions of the Mysore Court Fees Act, 1900,_the the Value of the property referred the actual Value of the Brought and not the Value '' Relying on the said judgment. she Section 38 of the Act has to be understood" to mean the" "Value of the Dr0PertY as on the of the not the Value as stipulated in the docuuriieIit.,, "
thexeiother hand, learned Counsel appearing for the _l_1i'--«._respondent~s 24; plaintiffs submitted that, the consideration has h_eet1,tneht,ioned in the document and it is for cancellation of the V" document. In case of cancellation of a document, the pconsideration mentioned in the document has to be considered for the purpose of determination of the court fees and accordingly, the plaintiffs have valued the suit and have 'paid the court fees. He further submitted that, it is not thevacftualu value as on the date of suit but it is the Value menti_ened .
document.
7. Section 38 of the Act reads as undetai A. 3 it "38. Suits for cancellationilqf decrees, etc;4"{1)jn a ; suit for cancellation of a decree for money "or 'other property having a money value,' or other_ document which purports or operates to'"c;=e'ate,"~ideclare;~GlSSi9TL limit or extinguish, whe_ther in present.Voi«.tn future, any right, title or interest in' 'rhnone;.,r,,"i'rnovableVVow-.immovable property, fee shall beptcomputediwon"~the._ftialue of the subject mattersof. the'suit,';and«..'suclt igatue shall be deemed to _ ,if~t.he"who'Ee;. decree, or o~ther'clocument is sought to be cancelled. the amount or value of the property for which the decree'-was "passed" or other document was executed: " A ' h' A. .. if part' theeclecree or other document is sci;1ghtl'~to be "cancelled, such part of the amount or
-. A v'a.luei_of thepropefty;
V' = _"{;?,V)h if ' the, decree or other document is such that ~. theliliabiltty 'under it cannot be split up and the relief claimed, relates only to a particular item of property belonging' to the plaintiff or to the plaintiffs share in any "such property, fee shall be computed on the value 3 ~ cf_ such property or share or on the amount of the V' aecree, whichever is less."
Judges of the Division Bench though passed In case of cancellation of the document, the court fee is required to be computed on the value of the subject matter of the suit and such value shall be deemed to be if the whole decree or document is sought to be cancelled, the amount or vfai'ue.'u property for which the decree was passed or other was "
executed.
8. In similar circumstances, thei'-Divisionpfitéencii While interpreting Section 4[iv) of the Coul'rt_V_Fees m1s900 wherein also, in case of cancTe}iatio_n'toitdoécuyriteynt, arnount or the value of the property for passed or the other document property was interpreted to -the property, not the market value this regard, the Division Bench has observed' as 'und'e1j°;" a t "
"It _therefore _joz1ows'*. that what is relevant for the purpose of S.4{iu) A is not the value of the property specified in the document but its real and actual value _ . "u,.s.he:1._ the--suit is brought. It is on that value that the "'«jcourt_V'jTeev to be paid if the suit is for the ~.canycellaf_ion'~oj' a document recording a transaction iarvolving sach property.
two separate orders, but they were unanimous in the conclusion.
*V.tra"1'1sac' ii on 2
9. Even reading of the provisions of Section 38 of the Act indicates that, value of the property referred to therein is nothing but actual value of the property. In case the legisiaition is intended to treat the Value of the document, . specifically mentioned the same. Very fact_that_Jth'e is, mentioned, it is for the court to determi:nef., property and not the value of the cionsideraiiori 4 document. This is also fortified of Court reported in 1974(2) this (gourt has observed that, the value of 38(1) must be understood as ftrikeiitigctvgjvaiiaeffiof"the'x'property and not the amount of deed sought to be cancelled. of the document, the plaintiff is on the basis of the market value of {the fwas the subject matter of the the provisions of Section 38 of the Act and '"~'Wthe decision Court, I am of the opinion that the court fee ~ haste be determined on the basis of the value of the property as on'--Vt_he_yd'a~.te of the suit and not on the consideration shown in dicacument.
Accordingly, the petition is allowed. The impugned order is set aside. The matter is remitted to the trial court \7V_i.t_h a direction to determine the court fee on the basis of the the property as on the date of suit. Liberty is rese1i=Jed:«[to:"'the*--' * piaintiffs to take such steps as avai1ab1e_i_n..1a_yv.
KNM/, _ " ._ i