E PUSHPALATHA Vs. C SHANMUGHASUNDARAM RESPONDENT

JUDGEMENT

(1.) E. Pushpalatha, the petitioner herein is the defendant. Shanmughasunda-ram filed a suit for partition contending that his late father and the petitioner herein had purchased the suit property by contributing equal share and after his father's death, he was entitled to the share of his father. The suit was resisted by the petitioner/defendant by filing the written statement raising various grounds including the point relating to the pecuniary jurisdiction. According to the petitioner, though the market value was mentioned in the sale deed as Rs. 22,500.00. the actual value was later determined at Rs. 93,000.00 and the half share of the said value would be Rs. 46,500.00 and as such, it would bring the suit beyond pecuniary jurisdiction of the trial Court.

(2.) On the basis of the pleadings of the parties, various issues were framed. One of the issues is regarding the pecuniary jurisdiction. Thereafter, the petitioner filed a petition to take up the issue regarding the pecuniary jurisdiction as a preliminary issue and decide the matter.

(3.) The trial Court after hearing the counsel for the parties, dismissed the same holding that it could be decided alongwlth the other issues. Hence, this Civil Revision Petition.