AIR 2016 KARNATAKA 92 ::(2016) 2 KCCR 1785 ::(2016) 1 Kant LJ 392

Karnataka High Court

Hon'ble Judge(s): N. Kumar, G. Narendar , JJ

(A) Karnataka Court-fees and Suits Valuation Act (16 of 1958) , S.7, S.24(b)— Valuation of suit - Suit involving two schedule properties - On day of filing suit, one schedule property not agricultural land as it was converted for non-agricultural purpose - S. 7 of Act not attracted to said schedule property - It ought to be valued under S. 24(b) of Act - Plaintiff cannot contend that he not being party to sale-deed nor to conversion order, suit ought to be valued under S. 7 of Act. (Para 5) (B) Karnataka Court-fees and Suits Valuation Act (16 of 1958) , S.7, S.24— Valuation of suit - Suit involving two schedule properties - Only one schedule property converted for non-agricultural @page-Kant93purpose - Directing plaintiff to pay court-fee under S. 24 of Act by holding that both schedule properties are ceased to be agricultural land, not proper. (Para 6) (C) Karnataka Court-fees and Suits Valuation Act (16 of 1958) , S.24(a), S.24(b)— Valuation of suit - S. 24(a) applies to case where party seeks relief of declaration and possession - Fee payable is market value of property - Relief sought only for declaration and not possession but injunction, suit ought to be value....