Adverse possession

Somnath mukherjee (Querist) 10 April 2009 This query is : Resolved
In a suit praying a) for declaration that the plaintiff is the owner of the property by law of adverse b)for declaration that a deed of sale exeuted by defdt 2and3 over the suit property as void. Plaintiff filed a suit. Defdt under O9R11 says that the plaint be rejected since ad velorem court fee is not paid in canvassing prayer b). Whether the prayer of the defdt is maintainable as because in a suit for declaration only fixed court fees is payable.Please give some relevent case laws.

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n.k.sarin (Expert) 10 April 2009
In my opinion ,suit for declaration that the sale deed is void fixed court fees is payable,if the prayer for possession also included then court fees payable at the market value of the property.

adv. rajeev ( rajoo ) (Expert) 11 April 2009
I do agree with Sri N.K.Sarin. for possession please refer court fee act of your state.In our state Karnataka u/s 24(b) of the Karnataka Court Fee stamp valuation act we will pay on the market value of the property.

Y V Vishweshwar Rao (Expert) 13 April 2009
I agree with lrd friends and further add that the Facts of the Case will dicide the payment of the Court Fee , if the main releif is prayer in the Suit for delcaration of the Sale deed it is the Document Value and if the main prayed is declaration of title on the land it is the land value -

the highest value to be taken for Cout Fee.