TAMILZHSELVI Vs. KALIYAVARDHAN

JUDGEMENT

(1.) This civil revision petition is arising out of fair and decreetal order passed in I.A.No.979 of 2015 in OS.No.194 of 2013 dtd. 3/7/2017 on the file of II Additional Sub Judge, Villupuram, thereby directed the petitioners to value the suit under Sec. 40 (1) of Tamil Nadu Court Fees and Suits Valuation Act.

(2.) The petitioners are the plaintiffs and the respondent is the defendant. The petitioners filed petition for amendment to include the prayer of declaration declaring that the partition deed dtd. 21/1/2013 is null and void. The trial court allowed the petition for seeking amendment and directed the petitioners to value the suit under Sec. 40 (1) of the Tamil Nadu Court Fees and Suits Valuation Act instead of Sec. 25 (a) of Tamil Nadu Court Fees and Suits Valuation Act. Aggrieved by the same, the petitioners have preferred the present Civil Revision Petition.

(3.) The learned counsel for the petitioners would submit that a partition deed operates as readjustment of rights between the shareholders in the properties jointly owned by them and therefore the partition deed cannot be construed as a document of the nature envisaged in Sec. 40 of the said Act for cancellation of which alone the court fees will have to be paid on the value of the property in the document. Therefore, the provisions under Sec. 25 (a) is only applicable and Sec. 40 (1) of the Tamil Nadu Court Fees and Suits Valuation Act is not applicable. He further submitted that the petitioners are in joint possession of the suit property and already they are in possession and enjoyment of the same. Therefore, the partition deed entered between the family members does not create or assign any new rights for the first time among the share holders. In support of his contention, he relied upon the following judgments: