R N SHANMUGAVADIVEL Vs. R N MYILSAMI

JUDGEMENT

(1.) The appellant is the plaintiff in the suit. The plaintiff filed the suit seeking a prayer for declaration hat the defendants do not have any right to the properties described in the plaint Schedule. Ofcourse the plaintiff also sought for consequential relief of injunction. The plaintiff valued the suit under Section 25(d) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955.

(2.) The trial court even before taking the plaint on file returned the plaint for two reasons. The first one is that the negative prayer sought for by the plaintiff will have to be properly couched, as the prayer as such sought for by the plaintiff is not maintainable. The second reason is that the said prayer for declaratory decree shall be valued under Section 25(b) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955. As there was resistance on the part of the plaintiff, the matter was heard by the trial court and a final order was passed by the Trial Court reiterating the original stand that the prayer as such is not maintainable and that the declaratory relief sought for by the plaintiff with respect to the immovable property will have to be valued under Section 25(b) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955.

(3.) The plaintiff took up the matter in appeal. The Appellate Court also having found that the negative declaratory relief sought for by the plaintiff is not maintainable and a declaratory relief properly couched will have to be valued under Section 25(b) of the said Act.