V SURESH Vs. V KUMARAN

JUDGEMENT

(1.) THE plaintiff in unnumbered suit on the file of the I Assistant Judge, City Civil Court, Chennai, is the revision petitioner herein.

(2.) THE revision petitioner/plaintiff filed the suit for declaration that the release deed dated 30.08.2006, executed by the respondents/defendants , in favour of the revision petitioner relating to the 'B' schedule property as null and void and also not binding on the revision petitioner/plaintiff and for consequential permanent injunction. That plaint was returned by the Court below stating that the suit has to be valued under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 ( hereinafter referred to as the said 'Act') and the Court fee has to be paid on the value of the property for which the document was executed and as per the document, which was sought to be declared as null and void, the property was valued at Rs.15,00,000/-. THErefore, the Court fee has to be on Rs.15,00,000/- and that was challenged in this revision petition.

(3.) THE learned counsel appearing for the respondents submitted that even as per the judgment relied upon by the revision petitioner, the Court fee has to be paid on Rs.15,00,000/-, as it was stated clearly in the release deed that the value of the property released was Rs.15,00,000/- .