AIR 2001 KARNATAKA 384 ::2001 AIR - Kant. H. C. R. 1785 ::(2001) ILR (Kant) (2) 3988 ::2001 (4) KantLJ 431

Karnataka High Court

Hon'ble Judge(s): R. V. Raveendran, B. K. Sangalad , JJ

Karnataka Court-fees and Suits Valuation Act (16 of 1958) , S.35(2), S.11(4)(a)— Suit for partition and appeal therefrom - Court-fee - Plaintiff claimed that he was in joint possession of suit properties - Paid fixed Court-fee under S. 35(2) of Act on value of his 1/5th share in property - Trial Court held that suit properties are not joint family properties and directed plaintiff to pay Court-fees under S. 35(1) of Act - Not proper - Denial of plaint allegations by defendant does not take suit out of scope of S. 35(2) - Appeal filed on dismissal of suit by trial Court on account of deficit Court-fees - Court-fee payable on appeal is same fixed Court-fee as paid on suit. AIR 1954 All 722, AIR 1945 Oudh 207, Overruled in view of AIR 1980 SC 691 and AIR 1958 SC 245. Principles relating to Court-fee in regard to suits for partitions and appeals is summarised as follows :- (i) Payment of Court-fee will depend on plaint averment alone. Neither the averments in the written statement, nor the evidence nor the final decision have a bearing on the decision relating to Court-fee. (ii) The scope of investigation under S. 11 is confined practically to determine two points : (1) Under valuation of the subject-matter of the suit and (2) category under which the suit falls, for the purpose of Court-fee. Once the category of suit is determined with reference ....