High Court Karnataka High Court

Smt Munisanjeevamma vs L Muniyappa on 7 September, 2010

Karnataka High Court
Smt Munisanjeevamma vs L Muniyappa on 7 September, 2010
Author: A.N.Venugopala Gowda
  ('EsyES"ri T.K.Rajagopala, Adv.)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7" DAY OF SEPTEMBER, 2010

BEFORE

THE HON'BLE MR. JUSTICE A.N. vENuGOPALAj"GOwDA1:.T.

WRIT PETITION NOJ4436/2010 (G1M»cfRm' 'Alf    

BETWEEN:

1. Smt. Munisanjeevamma,  
W/o. late Ramaiah, ' 
Aged 64 years.

2. Munishankar,
S/0. late Ramaiah,
Aged 39 ye_arS. 

3. R.Seen'a,€):;I.?:E3»T'  _  --
S/01. iate. RarT:a«.i_ejh,. p __ - '
Aged'.37..years,>.  

4. R._R,av:,' _ .. .
 $4;?O.vIEate Ram'aia__h,H.v
 _ Aged 33 E'years.

. -An.aTAre"'~R,/aaiR'e-z~ao.10 (old No.4/1)
V4'-" Cross-,'3._Lékshmaiah Garden,
i\E'ear'*--.Sri'n"Evagilu Village,
  Viv€:!~V:V_I_'=.3-agar Post,
2  " B-aungalore ~-- 560 047.
' * :PETIT3:ONERS



AND:
1. L.Muniyappa,
Aged 69 years.

2. Lchikkamuniyappa,
Aged 64 years. 

3. L.Chinnanna,
Aged 59 years. _
(AEE are S/0. late Lakhmaiah'}.._V.

4. C.Ramesh,
S/0. Chikkamuniyap'"pa._,
Aged 33 years.  

S. Maduramma,..  A

W/o. L.Chi_n.na.p'p.a, 

Aged 54 years;  . " 
All R/0. l\Eo.4--,/21,»4'"'C--roSS,~  
Lakshhiaitaiii Gatf':J"en",',t--.  "

Near Srinivavgifu'villaigép -- '
Viveiaznagar Positfiy   
Bangal'ere*----v 560 404?.' 

_ C,       :RESPONDEl\lTS

(fiiy M/s. Y.R;Sadasiyva Reddy & Associates, Advs.

. "~fo'r R3. 8-.tR3;  """ 
. V--.Sri .,S.SL:.da--rsana Reddy, Sri K.Venkata Sudheer &

   _.S'ri-- l3::;N_;3a'giaVtieesh Babu, Advs. for R2, R4 & R5)

it i._4:'VdThis.'pet'il£tion is filed under Articies 226 and 227 of
the Constitution of India praying to set aside the impugned

-.-e._'"-.order "dated 6.3.2010 at Annexure ---- S passed in
 A "V--,O*.S...l§lo.10732/2006 by the Court of the XLIV Addl. City
 "--CiviE  Sessions Judge, Bangalore (CCH~-45).

This petition coming on for preliminary hearing in 'B'

it  -group this day, the Court made the foilowing.



QQDER
Petitioners -- plaintiffs have instituted the suit
against respondents - defendants, seeking reiief of

deciaration of titie and possession in respect of the Vs’u_itv’.A’

and ‘B’ scheduie properties. The petitionersya’:-u.ed.l__:the

properties for the purpose of payment of

S.7(2) of Karnataka Court Fees and

1958 (for short, the Act) asV.if.4.they”‘a_re* agricu*lituraAi lajjnlds

iiable to pay land revenue. ll”P..esp_ondlen.tsi’flied’; written
statement to the suit it yiiasl.lce.ntei:.<ied that. the suit

scheciuie'llllprepiertiesl'arefnotllagricuitural iands and the
vaiuatioln andthe'*.c:ou'irt..l_fee:lpaid are incorrect. The Triai

Courthas rram'edttpae'~:ssués. Issue No.9 is with regard to

cou'rt'**–fee paid by the piaintiffs. Said issue

'trie'd:_;as"i'a:psfeiiminary issue and it has been heid that

the,_.lplilaintifii.éi.V_have not paid the correct court fee and they

lg_are iiabie to pay court fee by separateiy valuing the

'*:i."prop'eArty as per estimated market value as on the date of

the suit. Office objections regarding court fee was upheld

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and issue 9 was answered in the negative. Aggrieved, the

piaintiffs have filed this writ petition.

2. Sri T.K.Rajagopaia, learned *

appearing for the petitioners firstiy~~contended’:’–that,.4_’_the_

View of the Trial Court that the §:;it’.’sc~iiediiuie’i

have to be valued on the matri§’etV_vaiij’eV_is~oVp’pose’d*V~to*”the * L’

decision reported at .1995V(i}…)VV:'”LSC’C_ STEATE OF
KARNATAKA AND OTHVE’i–i.’::i.TEXTILE MILLS
LTD.). Secondv|y_,:”tt_}e atieen converted
for of the Karnataka
Land tthéettvtproperties are situated in
the BBMP of paying court fee on the

market value of.th–e Apuroperties does not arise. Reliance

“”«…Was.__”‘:p|aa:edi.Aon “th’e”~”decision reported in the case of

NANJUNDASWAMY & OTHERS, reported in

II._R__’2too5pAKARXHC) S.i\l.20. Thirdiy, to pass the impugned

‘yorder, reiiance piaced on the decision reported in ILR

KAR 60 (J.ivi. NARAYANA AND OTHERS Vs.

CORPORATION OF THE CITY or BANGALORE AND

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OTHERS) is incorrect as the said decision has no

application to the present case.

3. Sri Y.R. Sadasiva Reddy, learned adpvocate

appearing for the respondents, on the

submitted that the properties are situated

iimits. The suit schedule properties.-a.re not..a’gric~iii-tiirei.’

lands but are piots as is evide’nt_\froniit_he des.cr’ipAtl:on given

in the piaint scheduie. Learnedtcounsei retifiance on
the decision in the casef–of (supra) and
Submitted that the 5FUDil1:.Q’ned..tA«§i’d’er’t’i’:ni._’* the facts and

circumf;ta’n’ces’f’of th3%e”‘ca’set.”is justified and no interference is
caiied ray. L 2 ‘

heard: the learned counsel on both

and~vl.navinVg””p’e’rdsed the writ petition papers, the

,__point’foiricontsiwdejration is:

‘A isirrationai or iilegal?” \u

“Wheth.ei’ the order passed by the Trial Court on
issue No.9 with regard to insufficiency of court fee

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5. The suit is for the reiief of declaration,

possession and injunction in respect of the two i.teril«.si’of

the suit scheduie properties. The valuation .

plaintiffs wouid show that they h_a.yeg__vaiu’ed”‘iisubject

matter of the suit treating the suit-. as;

agrictliturai iands and have p’ai’d-._the courtufeé; a7ti._’2v5yVtii”nes » L’

the iand revenue with regard relief and
permanent injunction Act. The office
of the Triai Court upor}.”s’crutiny of the suit,
raised objection of court fee
paid onthe”pla’i’:Vi1t.i:::_’ also raised objections
in that–,_ regardii’-“inv.._:ti1egi’i~.,”Ai;vir_itten statement. Issue 9 as
aiready to the insufficiency of court
fee on the f

ifignquiry has takenplace. Evidence of PW–1

the properties soio under Exs.D3 and D4

are ésituatehdywithin the BBEVEP area and the property sold

uV””..j»..i:ndie.r is adjacent to Sy. No.4/1 i.e., the suit

ptoijperty. PW–1 has admitted that buildings have been

is

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constructed after the suit and that the area is deveioped
by the side of ring road in Eajipura. Defendants have

produced Exs.D1 to D44 i.e., partition deed, khata_,e):§tralct,

c

notices from the BBMP, receipt for pa§rMrn’ent;-i._fo’i.___, _

development charges, copy of__ the.'””‘a-ppl,ications,v”

photographs etc. to show that Zthegsuit

situated within the BBMP area.,__ 1Ex.’:)ts, is’,:t’t~:e..ic;az.ette

Notification showing that Eajip_tii”ra:_Villageand’ Srinivagilu
Village and the adjoinViri:gV:,”BDiA have been brought

within the iirnitsaof the~Corporatio_n”.«ofVfiiiityli of Bangalore.

indisptttedly, 7the«§i1§j’ibtopertiesV.are;s,i’tu’a’t’éd at BBMP limits.
No record ‘V’pro’d.nTced* by the plaintiffs to show that
the suit «pro4_pertie’s hafve’:”c<)"ntinued to be agricultural lands

evegnhgfafter inci'bs_ion inithe BBMP area, as on the date the

visuiitiwas insti'ttited.

~_7″.».__”_in_’the case of STATE OF KARNATAKA AND

OThi’ERS.f.”v*{isn.pra), the questions which arose for

‘i._Vconsidera;tion were (1) Whether the land can be deemed to

A i~fj’*ha{ré*~._.been permitted to be converted Rog non–agricultural

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use merely because it was used for non–agrlcultural
purpose although, admittedly, no permission under

S.95(2) of the Land Revenue Act was taken, to do so,’;”~–._(2)

Whether under S.79–B of the Karnataka Land Re.fo_’rrnS’4’i?lct’,’ up

the land vests in the State Government prospectivelyVvfrornf ‘

the date of Notification or retrospecti’ve’i*,*,_from of’.

coming into operation of the Act. ih_eis_sue w,i_th”regard’–to”~.

the valuation to be made and”~vilu:iVa’biiity”‘fee in V

terms of the provisions “tsh,der.V*t’h’e”/lothaving not arisen not
considered in the said’ Vcaise,-fiinv .l’_’o.pi’nion, the said
decision has ‘1’appiicati’o.n -fort”.j_’~d,ete§rhination of the
question whicphharisevfor-.consid-eration on I.A.9 filed in the
Trial Court,” ~

In .case, of R.Al\lANDA (supra), noticing that

th’e–»_,pr’oVpertyV””w_as an agricultural land, assessment was

‘revenue authority, RTC extracts produced

-V show that: it ‘was an agricultural land and was not assessed

“jto the Corporation taxes and had not lost its agricultural

— character, it was held that the Trial Cog’: had committed

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an error in calling upon the petitioner to pay additional
court fee by filing a fresh valuation slip. While passing the
said order, the Division Bench decision in the case of 3.M.

NARAYANA (supra) has not been brought to the n.oti»ceI.of

the Court and appears to have not been

consideration, the case has been>AHVdecide*d”‘on.the =f_a«:t’ it

situation obtained therein. I i

9. In the case of

property had stood included the'<3or'po'rat'i'onlimits

in terms of a Notificationflissuecl' eéi:ié'r-._to the'"fiEi'ng of the

suit.' A:s"'a'Vl'res'u,lt it was held that taxes
applicalziie"withinplthie.C'orpo.ra.tion limits would by operation

of law andi'u~nd'er_sub~~._§'Section 4 of S4 of the Municipal

Act,V"Vbe-come applicable to the extended area

further held that even assuming the land in

question_walsliagricultural land before its inclusion in the

<._Corporation limits, the same would not necessarily mean

either has continued to pay land revenue or such

land was exempted from payment of the property tax

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under the Land Revenue Act. S.110 of the Karnataka
Municipai Corporation Act, 19376 which covers the payment

of property tax qua oniy such iands are registered.

revenue records of the Government and has act’ual!’yr~..u:s3ed4

for cultivation of crops was noticed and it. that”

just because of a iand being inclu_ded..4ginj. the’:i.Cor’pol»a’:fiAon

limits is registered or used for.4_agric”ui_tu’rai puirppsei would

not imply that the said iand co’ntin_ue_s toiipayiandigrevenue
under the Land Revenueéct Land
Revenue Act wouid the property
is brought The appeilant
thereiri-,_Aha_d~ was not paying any land
revenue’inc:tiie_ia’nd’in since for the iand was in

the_(§o”rporatio’ii~i question of the owner being liable

ttoupa~y yvlandtjyrevenue on the property does not arise. The

“m_a’t.teir”w:éi’s.V_e;rarhined with respect to S.? of the Act and it

_ has””bee~n: .heid as follows:

it * ” There is another angle from which the issue can

..u5be viewed. Section 7 of the Karnataka Court Fees

and Suits Valuation Act, 1958 creates a legal fiction

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regarding the market value of lands that form an
entire estate or a definite share of an estate are
concerned. A closer reading of Section 7(2)(i3)
would show that not only should the land be an
entire estate or a definite share of an estate-;._:i:’3_ul_t’~».iVt

must be paying annual revenue to the Governr:1:e_nt,__”~

The expression “paying annual revenuVe’1ftoth’e~il_’

Government” in Section 7(2)(‘b’)’–~is. significalrit andkin-.A

our opinion implies that the li’_ai3i’iityV_to _:’pa:yi7i~a.nti.j

revenue must be ciear,»an__c_l subs,iv_sting oi*1’é;Vi.:1Vn cases

where such liability ceasésito exist”o_n”ac’t:ou*nt of the
incorporation of .—the area-. :witi=.i_!1 the”-limiiyts of a
Municipal Corpora’tio'”n.,_ the§.yla:ri{:i-Vicannot be said to be

paying annual revenuelto.Atlie’°Govern’ment. That is

be’calu’se}vfthe’Aiifiabiilityto any such revenue must
be dielernedlitoilhavvepceased from the moment the

lands-its iinclu’clei:l.:’in itheééextended Corporation limits.”

_;’1lo;. The his Court, rightly following the decision in

:of.:3:.’i!iV._ NARAYANA (supra), has held that the suit

alllasth.._b«eeii””_u.nd~e’i’vaiued and the plaintiffs are required to

V. sepa’rate’l:y’vvalue the properties as per the estimated

pmairltetvalue as on the date of the suit and pay the court

fee;’ The direction issued for filing of the valuation slip and

law

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payment of the correct court fee in the facts and
circumstances of the case cannot be heici to b_ev..V_e-ither

irrationai or iliegai.

In the resuit, the writ petition fails nu

dismissed. The petitioners –~ p|ai.nti?fs”ivare’-giarnenii

weeks’ time from today to fiie-fresh Vai21_atioVn”-.sIi’o:and”jpay ” it

the difference of court fee in th.e-;fri–ai”Court.”‘

i i iuaqe