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Judgment
8 paragraphs · 367 wordsV. Chitambaresh, J.—The dispute relates to a Vault meant to bury the dead in a cemetery belonging to the first defendant church. The suit is one for declaration of title and possession and also for consequential injunction in regard to the Vault. The plaintiff contends that he purchased the vault for Rs. 10,000/- in the year 1998 and that he need assess the market value on that basis only. The defendants on the other hand contend that Rs. 10,000/- only denote the licence fee collected in regard to the Vault in question. The defendants further contend that the present licence fee comes to about Rs. 1,00,000/- . Therefore the market value has to be assessed on that basis.
The valuation in the plaint has to be on the basis of Section 25 (b) of the Kerala Court Fees and Suits Valuation Act, 1959 which is as follows:
Suits for declaration- In a suit for a declaratory decree or order, whether with or without consequential relief, not falling u/s 26-
(a) x x x
(b) where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on (Rupees one thousand), whichever is higher.
The market value of the property is seriously disputed by the defendants.
The controversy can be resolved only if an Advocate Commissioner is deputed to assess the market value of the property as on the date of plaint. The report of the Advocate Commissioner coupled with the bye-law of the church would help the court to arrive at a just conclusion. I set aside the order passed on issue No. 4 in O.S. No. 65/2007 on the file of the court of the Munsiff of Ernakulm for this limited purpose. The court below shall forthwith depute an Advocate Commissioner and arrive at the market value of the property on the basis of the relevant inputs. The petitioner shall then be directed to pay court fee reckoning the market value on the basis of the decision so arrived at.
The writ petition is disposed of as above. No costs.