MURUGAN Vs. KESAVA GOUNDER

JUDGEMENT

(1.) The defendants filed Petition invoking Order 7, Rule 11 of the Code of Civil Procedure praying to reject the Plaint. The said Petition was dismissed by the Trial Court. Hence, the defendants are before this Court in the present Civil Revision Petition. The respondent/plaintiff M/s. Madras Race Club filed a Suit praying inter alia for a direction to the defendants to re-deliver the vacant possession of the encroached portion of the property measuring 5 grounds 357 sqft comprised in T.S. No. 1 (part) Block No. 13 morefully described in the suit B schedule.

(2.) The plaintiff has contended in the Suit that the plaintiff got A schedule property comprising 83.12 acres on lease alongwith other properties under the deed of lease dated 6.3.1946 from the Government. It is alleged that the plaintiff, as a lessee, has been in occupation of the A schedule property ever since 1845. The defendants encroached upon a portion of the A schedule property admeasuring 5 grounds and 357 sqft and put up some illegal construction over there. With the above contentions, the plaintiff has sought for the aforesaid relief of delivery of vacant possession of the encroached portion of the property.

(3.) The revision petitioners/defendants 1 and 2 have contended in the Petition filed by them under Order 7, Rule 11 of the Code of Civil Procedure that the respondent/plaintiff has valued the prayer for delivery of possession under Section 50 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 whereas Section 30 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 would squarely apply to a Suit for possession not otherwise provided for. Alleging that the market value of the suit schedule property is worth several crores, the respondent/plaintiff seeks for rejection of the Plaint as the Suit was undervalued and there is evasion of payment of stamp duty.