The High Court held that Section 7(3A) of the Kerala Court Fees and Suits Valuation Act, 1959, as cited by the lower court, does not exist. Consequently, the order directing valuation exercise was illegal and resulted in miscarriage of justice.
This O.P.(C) is allowed and the impugned order dated 28.2.2012 (Ext.P6) is set aside. Matter remitted for fresh disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937
OP(C).No. 3421 of 2012 (O)
OS 52/2012 OF SUB COURT, KANNUR.
PETITIONER:
T.T.GOURI, W/O LATE KUNHIRAMAN, AGED 75 YEARS, PARAKANDY HOUSE, P.O. KOTTALI, KANNUR.
BY ADVS.SRI.B.KRISHNAN
SRI.R.PARTHASARATHY SRI.RAJESH V.NAIR
RESPONDENT(S):
1. T.T.PANKAJAKSHI,
2. KUNNATH KRISHNAN, S/O AMBADI,
BY ADVS. SRI.GEORGE MATHEWS
SMT.CELINE JOSEPH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
OP(C).No. 3421 of 2012 (O)
APPENDIX
PETITIONER(S) EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
B. KEMAL PASHA, J.
O.P.(C) No.3421 of 2012
Dated this the 12th day of August, 2015
~ ~ ~ ~ ~ ~ ~ ~ ~
In the suit before the court below, the defendants
have contended that the suit is grossly undervalued and proper court fee was not paid. It was contended that the market value of the property is not correctly shown.
“The market value of any property other than agricultural land and building failing under Sub sections (2) & (3) shall be value it will fetch at the time of the institution of the suit
OPC.3421/2012
: 2 :
and where the plaintiff estimate such market value it shall not be less than the minimum value of such land fixed by the District Collector U/S 28A of the Kerala Stamp Act, 1959.”
the court below in the Kerala Court Fees and Suits Valuation Act. Section '7(3a)' is also not there in the Kerala Court Fees and Suits Valuation Act. Section 7(3A) of the Kerala Court Fees and Suits Valuation Act reads:-
“The market value of any property other than agricultural land and building falling under sub-sections (2) and (3) shall be the value it will fetch on the date of institution of the suit.”
there in the Kerala Court Fees and Suits Valuation Act that
the court below has passed Ext.P6 order. The entire exercise made by the court below in Ext.P6 order is illegal
OPC.3421/2012
: 3 :
and, therefore, the same has resulted in substantial miscarriage of justice. Ext.P6 order is, therefore, liable to be set aside.
In the result, this O.P.(C) is allowed and Ext.P6 order is set aside. The matter is remitted to the court below for fresh disposal in accordance with law, after giving an opportunity of being heard to both sides.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/12/08
// True Copy //
PA to Judge
2 issues framed by the court
Whether the lower court correctly applied Section 7(3A) of the Kerala Court Fees and Suits Valuation Act, 1959 for determining property value.
Whether the order directing plaintiff to show correct valuation based on a non-existent provision is liable to be set aside.
1 provisions across 1 enactments
T.T.GOURI
T.T.PANKAJAKSHI
KUNNATH KRISHNAN
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
