JANAKI Vs. CHANDRAN

JUDGEMENT

(1.) The petitioner and respondents 1 to 3 are the children of one Pattu: The fourth respondent is the wife of the third defendant. Pattu died in 2002. Claiming a l/4th share in the property owned and possessed by Pattu, the petitioner filed O. S. No. 312 of 2009 on the file of the court of the Munsiff of Chittur.

(2.) The plaintiff valued the plaint schedule property at 2,80,000/- and her share at 70,000/-. Fixed court fee was paid under Section 37(2) of the Kerala Court Fees and Suits Valuation Act (hereinafter referred to as the Court Fees Act).

(3.) Defendants 3 and 4 contested the suit. They contended that the valuation and court fee are incorrect. An issue was framed regarding the valuation and court fee. The court below held that the plaintiff is liable to pay court fee under Section 37(1) of the Court-Fees Act. The order passed by the court below is under challenge in this Writ Petition filed by the plaintiff.