A. MUTHUSAMY Vs. SRINIVASAN

JUDGEMENT

(1.) This revision is directed against the order passed in an application filed under Order XIV Rule 2 of Code of Civil Procedure seeking determination of the valuation and Court fee as preliminary issue.

(2.) The suit was filed by the plaintiff seeking declaration of his title to the property and for a consequential injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the property.

(3.) The plaintiff valued the suit property as agricultural land and paid a Court fee of Rs.75.50/- based on Section 7 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955, as it stood on the date of the presentation of the plaint. The case of the plaintiff was that he had borrowed certain monies from the first defendant and had executed a power of attorney as security for such borrowing. The plaintiff would further plead that misusing the power of attorney, which was given as security, the first defendant had created a sale deed in favour of the second defendant, who happens to be his wife. Therefore, according to the plaintiff, the sale deed itself is invalid and he continuous to be the owner of the property. The suit was resisted by the defendants on various grounds.