K RAGU Vs. SARASWATHI; SWARNA

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order dated 30.04.2013 in I.A.No.965 of 2013 in O.S.No.3350 of 2007 on the file of the XIV Assistant Judge, City Civil Court, Chennai.

(2.) The respondents herein as the plaintiffs filed a suit for declaration that they are the owners of the suit property mentioned as B C G F, which form part of the A schedule property and for recovery of possession and also for damages for use and occupation. The defendant filed the written statement and contested the same. During pendency of the suit, the defendant filed an application in I.A.No.965 of 2013 under Order VII Rule 11 of C.P.C. and Section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act (hereinafter called as the 'Act') for rejection of the plaint on the ground that the suit was under valued and Court fee paid is not correct. The trial Court, after hearing both sides, dismissed the application stating that the value assessed by the plaintiffs is correct, against which, the present revision petition is preferred by the defendant.

(3.) Learned counsel for the revision petitioner submitted that the defendant filed the application under Order VII Rule 11 of C.P.C. and also Section 12(2) of the Act stating that the suit property has not been properly valued. He further submitted that the respondents/plaintiffs purchased the property vide sale deed dated 14.07.2006, in which, sale consideration and market value of the property were mentioned as Rs.8,00,000/- and Rs.43,20,000/- respectively, as per Section 25(a) of the Act, the plaintiffs ought to have paid court fee for market value of the suit property. But the plaintiffs assessed the market value as Rs.2,13,600/- and paid the Court fee as Rs.16,020.50 as per Section 25(a) of the Act, which is under valued. The trial Court, without considering the above factum, held that the court fee paid by the plaintiffs is correct and erroneously dismissed the application, which is unsustainable.