K.RAVICHANDRAN Vs. S.PONNUSAMY

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decreetal order dtd. 15/9/2016 made in I.A.No.977 of 2012 in O.S.No.390 of 2012 on the file of the Subordinate Court, Tiruppur, thereby dismissing the petition filed for rejection of plaint on the ground of not paying the correct court fees.

(2.) The revision petitioners are the defendants in the suit filed by the respondents for declaration, declaring that the respondents are the absolute owners of the suit property and declaration that the sale deed dtd. 24/3/2010 in respect of the suit property as null and void. While pending the suit, the petitioners filed a petition for rejection of plaint under Order 7 Rule 11 of Civil Procedure Code, on the ground that the respondents had not properly valued the suit property and the plaint returned of paper insufficiently stamped. It is further stated that the defendants purchased the suit property for valid consideration of Rs.7,50,000.00 by registered sale deed. As against the same, the respondents have allegedly claimed that the suit property for consideration of Rs.60,00,000.00, which is illegal. In the valuation column, the respondents hided the value of the suit property which is mentioned 3rd para of the plaint. Allegedly the suit property was purchased for value of Rs.60,00,000.00 against their pleadings undervalued the suit property of Rs.9,000.00. It cannot be valued or not assessed the property then only valued under 30 times of kist value of the property.

(3.) The learned counsel for the respondents would submit that the suit property is an agricultural land and as such, paid court fee by calculating 30 times of kist value and for the nominal value of the tiled house situated in the property. He further submitted that as per the Order 7 Rule 11 of Civil Procedure Code, on failure on the part of the plaintiffs to pay the deficit court fee in spite of a direction issued by the Court to pay the same and more over, the valuation of the suit is not an issue involving purely question of law and on the other hand, it is a mixed question of law and fact.