COURT FEE
Querist :
Anonymous
(Querist) 28 October 2009
This query is : Resolved
THIS IS REGARDING THE LAND GRABBING CASE. A MIDDLE CLASS PERSON ( PLAINTIFF )HAS HIS PLOTS WHO HAS PURCHASED IN THE YEAR 1980, AND IN THE YEAR 2004, THE LAND MAFIA GANG HAVE CREATED BOGUS GPA OF THE OWNER ( PLAINTIFF) AND HAVE AGAIN CREATED BOGUS SALE DEEDS COLLUDING WITH SUB REGISTER AND HAVE MADE SEVERAL TRANSACTIONS OF SALE WITHIN A SPAN OF 1 MONTH.
THE REAL OWNER OF THE PLOTS COMES TO KNOW ABOUT THIS ILLEGAL TRANSACTIONS IN THE YEAR 2006 WHEN SOMEONE COMES AND PLACES SHED IN HIS PLOTS AND HAS FILLED A CASE IN THE COMPETENT CIVIL COURT FOR " SUIT FOR DECLARATION" . AND SIMULTANEOUSLY CALLED AND CANCELLED FOR THE FRADULENT INSTRUMENTS ( GPA AND THE VARIOUS SALE DEEDS).
WHEN THE OWNER ( PLAINTIFF) HAD PURCHASED THE PLOTS IN YEAR 1980, HE HAS TAKEN IT FOR RS 1,50,000/- AND NOW THE MARKET VALUE OF THE PLOTS IS 15 LAKHS.
AND ACCORDING TO THE RECENT NOTIFICATONS THE SUPREME COURT HAS STRONGLY DISSAPPROVES THE SALE OF IMMOVABLE PROPERTY THROUGH GPA. AND THERE IS A 13 PAGE WRITE UP FROM THE LORDSHIP OF JUSTICE R V RAVEENDRAN AND JUSTICE J M PANCHAL REGARDING THIS SALE OF IMMOVABLE PROPERTY THROUGH THE GPAH AS NULL AND VOID.
BUT UNDER "SUIT FOR DECLARATION" THE COURT FEE HAS TO BE PAID ON THE MARKET VALUE OR RS 1000 /- WHICH EVER IS HIGHER ACCORDING TO THE KARNATAKA COURT FEE ACT 1958.
THE PERSON WHO OWNS THIS PLOT WAY BACK IN 1980 WHO HAD PURCHASED FOR RS 4000/- AND NOW THAT THE LAND VALUE HAS INCREASED , AND THE PERSON WHOSE IS NOT FINANCIAL SOUND TO PAY SUCH HEAVY COURT FEE , IS THERE ANY CITATIONS FROM THE APEX COURT TO SUPPORT THE REAL OWNER ( PLAINTIFF ) WHO HAS GONE IN FOR 'SUIT FOR DECALARTION" THAT THE COURT FEE CAN BE EXEMPTED UNDER SUCH CIRCUMSTANCES.
IF COURT FEE IS THE TECHNICAL ISSUE FOR PROCEEDING THE CASE THEN WHAT IS THE USE FOR A COMMON MAN TO GO AND ASK FOR JUSTICE IN THE COURT? HERE THE PLAINTIFF IS NOT ONLY VICTIM OF THE LAND MAFIA'S BUT IS ALSO NOT GETTING JUSTICE IN THIS REGARD FROM THE COURT WHO HAS KEPT FAITH IN THE LAW.
KINDLY PLEASE GIVE CITATIONS WHICH SUPPORTS THE PLAINTIFF IN THIS REGARD AND WOULD BE OF GREAT HELP TO THE SOCIETY.
Raj Kumar Makkad
(Expert) 28 October 2009
The plaintiff would have to affix court fee on the memo of plaint as per value prevalent at the time of his purchase and not calculated as per current market value. when the cause of action accrued in favour of the plaintiff, is the right time to calculate the court fee and as per facts stated, the GPA might have been prepared during the year 2004 so nothing to worry. Go ahead and affix court fee accordingly. Where was plaintiff sleeping all these years...is also another technical question, to which he has to reply once he enters in witness box. Be also ready for all these aspects of the case.
niranjan
(Expert) 28 October 2009
Mere suit for declaration would not do, but you have also to ask for possession.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
CF has to pay on the sale considertation as per the Karntaka CF and SV act.
As ninranjan said you have to ask of possession also.
It is not better to take that plaintiff came to know the fact that some has placed the shed. U have to take an avearment in the plaint that recently plaintiff came to about this fact.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
urs is the first sale deed so file a suit for declartion and possession and alternative for injunction
Khaleel Ahmed
(Expert) 03 November 2009
you are advised hereby , suit for declaration of title and recovery of possession is the remedy.
File a criminal complaint also in the regard of fabricated false documents.
