VASANTH COLOUR LABORATORIES LTD Vs. DIVYA DEVI

JUDGEMENT

(1.) The 1st Respondent/Plaintiff, has instituted a suit against the Petitioner and Respondents 2 and 3/Defendants, seeking relief of possession, recovery of arrears of rent and damages for use and occupation of the suit premises. Court fee in respect of arrears of rent has been calculated and paid as per Section 21 read with Article 1 of Schedule I of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short, 'the Act') and the Court fee in respect of the relief of recovery of suit premises has been valued under Section 41(2) of the Act and payment made.

(2.) Written statement was filed and suit was contested. It was stated therein that, Rs. 22,00,000/- has been spent on cost of construction of the building, fittings and fixtures and the valuation made is incorrect and the Court fee paid for various reliefs prayed is inadequate.

(3.) The suit was decreed on 28-5-2002. The decree was questioned in RFA No. 646 of 2002. Said appeal was allowed on 2-11-2009 and the suit was remitted to the Trial Court for being tried along with O.S. No. 3396 of 1996.