P SEKAR Vs. V K VAIYAPURI

JUDGEMENT

(1.) Heard both sides.

(2.) The 3rd Defendant in O.S. No. 161 of 2008, on the file of the District Munsif Court, Melur, is the revision Petitioner.

(3.) The first Respondent filed the above suit for declaration that the suit properties belong to him and for consequential injunction restraining the Defendants from enjoying his peaceful possession of the suit property. The suit property is described as punja land of an extent of 1 acre and 94 cents and the market value of the property was arrived at by multiplying the kist by 30 times and the valuation was arrived at Rs. 1,012/- and the court fee was paid. This was opposed by the 3rd Defendant by filing application in I.A. No. 910 of 2008 under Order 14 Rule 2 Code of Civil Procedure stating that as per Section 7(2) of the Tamil Nadu Court Fees and Suit Valuation Act, when the land is Ryoatwari land, 30 times of the survey assessment can be treated as market value and as per 7(2)(g), where the land is a house site whether assessed to full revenue or not, poramboke land, or is land not falling within the foregoing description, the court fee has to be paid on the market value. It is further stated in the said petition that the suit property is not 'Ryotwari land' and it is a potential house site and therefore, the valuation of the property under Section 7(2)(a) is not proper and the valuation has to be done as per Section 7(2)(g) and on that ground, he raised two issues: (i) whether the suit property has been properly valued and proper court fee is paid by the Plaintiff; and whether the court has got pecuniary jurisdiction to try the suit.