Case Note & Summary
The respondent, claiming to be the owner of the suit schedule property and alleging that the petitioners are tenants, filed O.S.No.256/2016 before the Senior Civil Judge at Mangaluru seeking ejectment of the petitioners and recovery of possession, along with mesne profits and costs. The suit was valued at Rs.7,50,000/- for court fee and jurisdiction purposes, with a court fee of Rs.48,375/- paid under Sections 21 and 41(2) of the Karnataka Court Fee and Suits Valuation Act, 1958. The relief for possession was valued at Rs.7,15,000/-, calculated as yearly rent of Rs.65,000/- plus premium of Rs.6,50,000/-. The petitioners challenged the valuation by filing a revision petition under Section 115 of the Code of Civil Procedure, 1908, seeking to set aside the trial court's order dated 25.09.2019 which upheld the valuation. The High Court examined the provisions of Section 41(2) of the Karnataka Court Fee and Suits Valuation Act, which governs valuation of suits for possession of immovable property where the plaintiff seeks to recover possession from a tenant. The court noted that the valuation adopted by the respondent was in accordance with the statutory formula, being the aggregate of the annual rent and the premium. The court found no error in the trial court's order and held that the revision petition was without merit. Consequently, the revision petition was dismissed.
Headnote
A) Court Fee - Valuation of Suit for Ejectment - Section 41(2) of Karnataka Court Fee and Suits Valuation Act, 1958 - Suit for ejectment of tenant valued at Rs.7,15,000/- based on annual rent of Rs.65,000/- plus premium of Rs.6,50,000/- - Held that valuation under Section 41(2) is proper as it is based on the aggregate of annual rent and premium, and the trial court's order does not suffer from any jurisdictional error - Revision dismissed (Paras 1-5).
Issue of Consideration
Whether the trial court erred in holding that the suit for ejectment was properly valued under Section 41(2) of the Karnataka Court Fee and Suits Valuation Act, 1958, and whether the revision petition under Section 115 CPC is maintainable.
Final Decision
The High Court dismissed the civil revision petition, holding that the trial court's order dated 25.09.2019 in O.S.No.256/2016 was correct and that the suit was properly valued under Section 41(2) of the Karnataka Court Fee and Suits Valuation Act, 1958.
Law Points
- Court fee valuation in eviction suits
- Section 41(2) of Karnataka Court Fee and Suits Valuation Act
- 1958
- Section 115 of Code of Civil Procedure
- 1908
