V SOWRIRAJAN Vs. DHANAM

JUDGEMENT

(1.) The Defendant in O.S. No. 133 of 2009 on the file of the District Munsif, Uthagamandalam is the Revision Petitioner. The Respondent/ Plaintiff filed the above Suit for injunction stating that she perfected her title by adverse possession.

(2.) The Revision Petitioner after entering appearance filed I.A. No. 95 of 2010 under Order 7, Rule 11 to reject the Plaint stating that the Plaintiff wantonly did not pray for declaration of her alleged title to the schedule mentioned property by adverse possession only with a view to avoid Court fees and if the prayer for adverse possession is sought for, the Plaint will have to be valued, according to the market value, he has to pay the higher Court fee and therefore the Plaintiff filed the Suit for bare injunction without a prayer for declaration of title by valuing the Suit notionally which is against the provisions of Tamil Nadu Court Fees and Suit Valuation Act, 1955. According to Section 27(a)(i) of the said act, any relief in respect of an immovable property has to be valued on the market value as per Section 7 of the Tamil Nadu Court Fees and Suit Valuation Act. It is further stated that no litigant is entitled to under value the Suit so as to cause loss to the exchequer of State. The Suit filed without paying proper and sufficient Court fee is not maintainable and without appreciating the same, the Petition was dismissed and against the same, this Revision is filed by the Defendant.

(3.) It is submitted by the learned Counsel for the Revision Petitioner that before the lower Court two grounds were taken by the Revision Petitioner namely that the Suit for injunction without a prayer for declaration of title when the Plaintiff based his claim on adverse possession is not maintainable and under Section 27(a)(i) of the Tamil Nadu Court Fees Act when an issue is framed regarding the Plaintiff's title to the suit property or where the Plaintiff's title to the suit property is denied, the Suit has to be valued on one half of the market value of the suit property and the Suit is valued at Rs. . 1,000/- and the lower Court dismissed the Application by giving finding on the first ground and has not answered the second ground regarding the valuation of the suit property as per Section 27(a)(i) of the Tamil Nadu Court Fees Act.