REGILA PREM Vs. CHELLAPPAN

JUDGEMENT

(1.) Heard both sides

(2.) The 2nd Defendant in O.S. No. 340 of 2009, on the file of the I Additional District Munsif, Kuzhithurai, is the revision Petitioner.

(3.) The above suit O.S. No. 340 of 2009 was filed by the Respondents 2 and 3 herein against the revision Petitioner and the first Respondent herein for declaration of title of the Plaintiff in respect of Item No. 1 and 2 of the plaint schedule property and for consequential injunction. The Plaintiffs valued the suit under Section 25(b) of the Tamil Nadu Court Fees and Suit Valuation Act and paid the court fee. The revision Petitioner after filing the statement filed an application under Section 151 Code of Civil Procedure in I.A. No. 402 of 2009 stating that the plaint has not been properly valued and the court has no pecuniary jurisdiction to try the case and therefore, that has to be decided as a preliminary issue. The case of the revision Petitioner was that the suit properties are worth more than 6,92,135/- and the Plaintiff is not in possession of the property and if the correct market value of the suit property is taken into consideration, the District Munsif Court has no jurisdiction to entertain the suit and therefore, that issue has to be decided as a preliminary issue.