V R GOPALAKRISHNAN Vs. ANDIAMMAL

JUDGEMENT

(1.) THE 2nd defendant in O.S. No.820 of 1995 on the file of the I Additional District Munsif, Salem is the petitioner herein. THE above Revision has been filed against the Order dismissing I.A. No.709 of 2000 filed under Section 151, C.P.C to try issue No.4 ie., " Whether the plaintiff has valued suit properly and paid correct court fees as a preliminary issue ".

(2.) THE first respondent/plaintiff filed O.S. No.828 of 1995 against the 2nd respondent/first defendant and the petitioner herein, praying the court to grant a decree setting aside the sale deed dated 18.3.1993 executed by the plaintiff to the 1st defendant as vitiated by fraud, cheating and fraudulent misrepresentation and not valid in law and to declare the plaintiff's title to the suit property. THE plaintiff also sought for a decree for consequential permanent injunction restraining the defendants interfering with the plaintiff's possession and enjoyment of the suit property.

(3.) THE first respondent/plaintiff resisted the said application contending that as per the Court Fees Act the value for setting aside a document is the value of the property for which the sale deed or other document was executed and so it is valued at the price mentioned in the document and that further it is not the case of the 2nd defendant that the property was worth Rs.1,00,000.