M.VALARMATHI Vs. A.ABDUL LATHEEF

JUDGEMENT

(1.) The revision petitioner is one of the judgment debtors and fourth defendant in the suit.

(2.) The first respondent in this revision filed the suit in O.S.No.2251 of 1997 for mandatory injunction to direct the defendants 1 to 6 in the suit to execute the sale deed in his favour and for a permanent injunction against them from interfering with the plaintiff-s peaceful possession of the suit property. The suit was filed on the ground that the plaintiff and the defendants have entered into an agreement of sale and by virtue of the same, the plaintiff was given possession of the property as part of performance of the agreement. As the defendants failed to execute the sale deed after receiving the balance sale consideration, the plaintiff has filed the suit. The suit was decreed and to execute the same, Execution Petition in E.P.No.1967 of 2010 was filed.

(3.) On notice, the defendants in the suit filed E.A.No.551 of 2013 under Section 47 of CPC., and objected to the execution of the decree by stating that the suit is not maintainable on the point of territorial jurisdiction. It was also stated that the suit has not been properly valued and the Court fee paid under Section 25(d) of the Tamil Nadu Court fee and Suit Valuation Act, is improper.