IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 OP(C).No. 1644 of 2011(O) ------------------------- I.A.NO.4006/2011 IN OS.2564/2007 of PRINCIPAL MUNSIFF'S COURT,THRISSUR .................... PETITIONER: ----------------------- C.R.HARIDASAN, AGED 46 YEARS, S/O.RAGHAVAN, CHAKKALAPARAMBIL, AVANOOR DESOM, AVANOOR VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): --------------------------- K.R.HARIDASAN, AGED 45 YEARS, S/O.RAMAKRISHNAN, KANIYATH, MUNDOOR DESOM, ANJOOR VILLAGE, THRISSUR TALUK-680 545. BY ADVS. SRI.T.M.CHANDRAN, SRI.P.R.NEELAKANDAN NAMBOODIRI, SRI.V.A.SASIDHARAN, SRI.JOSEPH ALBIN NEDUNTHALLY. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.1644/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DOCUMENT NO.4314/2004 OF MUNDOOR S.R.O. P2: COPY OF THE PLAINT IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P3: COPY OF THE WRITTEN STATEMENT IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P4: COPY OF THE ADDITIONAL WRITTEN STATEMENT IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P5: COPY OF THE REPLICATION IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P6: COPY OF THE I.A.NO.4006/2011 IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P7: COPY OF THE ORDER DTD. 4/4/2011 IN I.A.NO.4006/2011 IN O.S.NO.2564/2007 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR. P8: COPY OF THE PLAINT IN O.S.NO.684/2006 FILED BEFORE THE MUNSIFF'S COURT, THRISSUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1644 of 2011 --------------------------------------- Dated this 09th day of August, 2011 JUDGMENT This petition is in challenge of Ext.P7, order dated April 04, 2011 on I.A.No.4006 of 2011 in O.S.No.2564 of 2007 of the Court of learned Principal Munsiff, Thrissur. That is a suit filed by petitioner seeking a decree for prohibitory injunction against respondent trespassing into the suit property described as 11 cents. Petitioner claimed to have purchased the said property from the respondent. According to the petitioner, respondent has altogether 27 cents of which, 11 cents was purchased by him and the remaining property after some portion used for widening of the road and some portion assigned to others is still in the possession of the respondent. Alleging attempt to trespass, petitioner filed the suit for prohibitory injunction. Respondent filed written statement and counter claim for recovery of 2 cents of land which according to the respondent, petitioner is keeping in possession in excess of the land assigned to him. For the purpose of valuation and payment of court fee, market value of the 2 cents was fixed at `.5,000/- (ie, 10 times the annual gross profits, less the revenue payable). Petitioner answered the O.P(C).No.1644 of 2011 -: 2 :- counter claim by way of replication in February 2010. The case was posted for trial in the list on 04.04.2011. At that stage, petitioner filed I.A.No.4006 of 2011 to hear the issue regarding correctness of valuation made by the respondent on the counter claim as preliminary issue. Certain other contentions were also raised. Learned Munsiff by Ext.P4, order directed respondent to value relief C properly. However, rest of the contentions raised by petitioner were rejected. Hence this original petition. 2. Learned counsel for petitioner contends that in respect of the 11 cents which respondent has assigned to him, respondent filed O.S.No.684 of 2006 alleging that though the sale consideration was `.1,54,000/- only `.1,00,000/- was mentioned in the assignment deed and paid to him and hence respondent is entitled to recover the balance sum of `.54,000/-. Learned counsel contends that going by the case of respondent the land value will come to `.15,000/- per cent whereas for the 2 cents referred in the counter claim (in O.S.No.2564 of 2007) the valuation given is only `.5,000/-. It is also the contention of learned counsel that since the counter claim is made in the suit filed by petitioner, respondent is bound by the valuation of the suit property given in the plaint. O.P(C).No.1644 of 2011 -: 3 :- 3. Learned counsel for respondent contends that the market value of 2 cents described in the counter claim schedule was assessed under Sec.7(2) of the Court fees and Suits Valuation Act (for short, "the Act”). According to learned counsel, it is specifically averred in the counter claim in paragraph 8 that the said 2 cents is agricultural land. 4. I am not inclined to think that merely because petitioner has given valuation of the property, respondent is bound to follow that. So far as the issue regarding court fee is concerned it is primarily a matter between the Court and the person liable to pay court fee. Subordinate civil courts are not expected to waste their energy and time on peripheral issues like sufficiency of court fee etc, unless it has a bearing on the jurisdiction of the Court. 5. It is seen from paragraph 8 of the counter claim that according to the respondent, the 2 cents referred in the counter claim schedule is agricultural land and if that land is cultivated, it will fetch `.500/- a year. It is accordingly that the market value was fixed as `.5,000/-. Sec.7(3A) of the Act relied on by petitioner relates to market value of property other than agricultural land and building falling under sub sections (2) and (3) and the market O.P(C).No.1644 of 2011 -: 4 :- value of such property shall be the value it will fetch on the date of institution of the suit. Subsec. 3 of Sec.7 of the Act has no application to the facts of the case. Respondent has a specific case that the property is agricultural land. For the purpose of valuation and court fee that statement should stand. In that view of the matter I do not find reason to interfere with the order under challenge. This original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-