Case Note & Summary
The petitioner, Asuntha D'Souza, filed a suit (O.S. No. 581/2013) seeking cancellation of a gift deed executed in favor of the respondents. The trial court, by order dated 14.08.2013, directed the petitioner to pay court fee under Section 38 of the Karnataka Court-Fees and Suits Valuation Act, 1958, on the market value of the property. The petitioner challenged this order in a writ petition under Articles 226 and 227 of the Constitution. The High Court examined the relevant provisions: Section 24(a) and (b) deal with suits for cancellation of decrees or instruments, but Section 38 specifically governs suits for cancellation of instruments. The Court noted that Section 38 is a special provision and must prevail over the general provisions of Section 24. The Court held that the trial court's order was correct in directing payment of court fee on the market value of the property under Section 38. The writ petition was dismissed, and the trial court's order was upheld.
Headnote
A) Court Fees - Cancellation of Gift Deed - Computation of Court Fee - Section 38 of Karnataka Court-Fees and Suits Valuation Act, 1958 - The question was whether court fee for cancellation of a gift deed is payable under Section 38 (market value) or Section 24(a)/(b) (ad valorem). The Court held that Section 38 is the specific provision for cancellation of instruments, and court fee must be computed on the market value of the property covered by the gift deed. (Paras 1-6)
Issue of Consideration
How court fee payable for the relief of cancellation of a gift deed in a suit filed for its cancellation is to be computed?
Final Decision
The writ petition is dismissed. The impugned order dated 14.8.2013 passed by the trial court is upheld.
Law Points
- Court fee for cancellation of gift deed is computed on market value of property under Section 38 of Karnataka Court-Fees and Suits Valuation Act
- 1958
- not on ad valorem basis under Section 24(a) or (b).
Case Details
2017 LawText (KAR) (03) 15
Writ Petition No.39031/2013 (GM-CPC)
Sri G.Ravishankar Shastry for petitioner; Sri S.Vishwajith Shetty for respondent 1
Joyce Paskina D'Souza Nee D'Mello and Felix Stany D'Mello
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Nature of Litigation
Writ petition challenging an interlocutory order directing payment of court fee in a suit for cancellation of gift deed.
Remedy Sought
Quashing of the order dated 14.8.2013 in O.S.No.581/2013 passed by the II Addl. Civil Judge & JMFC, Mangalore.
Filing Reason
The trial court directed the petitioner to pay court fee under Section 38 of the Karnataka Court-Fees and Suits Valuation Act, 1958 on the market value of the property, which the petitioner challenged.
Previous Decisions
The trial court passed the impugned order on 14.8.2013.
Issues
Whether court fee for cancellation of a gift deed is payable under Section 38 (market value) or Section 24(a)/(b) (ad valorem) of the Karnataka Court-Fees and Suits Valuation Act, 1958?
Submissions/Arguments
Petitioner argued that court fee should be computed under Section 24(a) or (b) of the Act.
Respondent supported the trial court's order under Section 38.
Ratio Decidendi
Section 38 of the Karnataka Court-Fees and Suits Valuation Act, 1958 is a specific provision for suits for cancellation of instruments, and court fee must be computed on the market value of the property covered by the instrument, not under the general provisions of Section 24.
Judgment Excerpts
How Court fee payable for the relief of cancellation of a gift deed in a suit filed for its cancellation is to be computed?
Section 38 of the Karnataka Court-Fees and Suits Valuation Act, 1958 is a specific provision for suits for cancellation of instruments.
Procedural History
The petitioner filed a suit (O.S. No. 581/2013) for cancellation of a gift deed. The trial court passed an order on 14.8.2013 directing payment of court fee under Section 38 of the Act. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution. The High Court heard the matter and dismissed the writ petition on 21.3.2017.
Acts & Sections
- Karnataka Court-Fees and Suits Valuation Act, 1958: 24, 38
