2016 (3) AKR 370 ::(2016) 4 CivLJ 33 ::(2016) 2 ICC 275 ::(2016) 1 KCCR 657

Karnataka High Court

Hon'ble Judge(s): B. S. Patil , J

(A) Karnataka Court-fees and Suits Valuation Act (16 of 1958) S. 28, 41(1)(d) — Specific Relief Act (47 of 1963), S 6 — Court-fees — Suit for possession — Filed under Specific Relief Act — Court fee has to be computed under S 28 of Act which is special provision governing suit filed under Specific Relief Act — Merely because plaintiff is required to pay higher court-fee, under S 28 he cannot be permitted to value suit by taking recourse of general provisions made under S 41(1)(d) Section 41(1)(d) of the Court Fees Act deals with the suit for recovering occupancy of immovable property from which the tenant has been illegally ejected by the landlord— Therefore, in the normal circumstances, had the plaintiffs filed a regular suit seeking possession/occupancy of suit property alleging illegal eviction they could have valued the relief sought as per S. 41(1)(d), but where a suit for possession of immovable property has been filed under S. 6 of the Specific Relief Act, fee shall be computed on one-half of the market value of the property or on Rs. 1,000/- whichever is higher. When a special provision is made governing the suit filed under S. 6 of the Specific Relief Act, the plaintiffs cannot take recourse to the general provisions made under S. 41(1)(d). The intention of the legislature in enacting S. 28 of the Court Fees Act and making it applicable to suits filed under S. 6 of the Specific Relief Act is to exclud....