VIRUDAMBAL Vs. KANDASAMY

JUDGEMENT

(1.) AGGRIEVED by the order of the learned subordinate Judge, Ariyalur, directing the plaintiffs to pay court-fees under Section 37(1) of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (hereinafter referred to as "the Act"), they preferred the present revision before this court. Petitioners 2 to 4 herein are daughters of the first petitioner. 5th petitioner is the grand-daughter of the first petitioner. They filed a suit for partition and separate possession of their 11?18th share in the suit properties which are described in Schedule A to C. The suit came to be filed on account of the fact that after the death of the husband of the first petitioner, namely, Ramalingam, the first respondent herein who is the son through the second wife Logambal did not make any arrangement for partition of the properties of her deceased husband. The said Ramalingam died on 9.2.97, and according to the petitioners who are his Class-1 heirs have filed the suit seeking partition and separate possession of their share in the properties of the deceased Ramalingam. They valued their share at Rs. 17,64,024.13 and having regard to the fact that they are in joint possession and the original owner Ramalingam had died intestate, in the capacity as co-owners the suit was valued under Section 37 (2) of the Act and each of them had paid a court -fee of Rs.200. The court below had raised some objections regarding the court fee paid and after enquiry, the learned Subordinate Judge by his impugned order dated 21.12.98 came to the conclusion that the court -fee ought to have been paid under Section 37 (1) of the Act and directed them to make good the deficit. AGGRIEVED by the said order the petitioners have filed the present revision.

(2.) HEARD the learned counsel for the petitioners as well as contesting first respondent.