V. R. KOTHANDARAMAN Vs. JOTHI

JUDGEMENT

(1.) The petitioner is aggrieved by the dismissal of his application filed under Sec. 12 of the Tamil Nadu Court Fees and Suits Valuation Act, seeking the Court to frame preliminary issue on the point of valuation.

(2.) The suit is one for partition. The plaintiffs claims 1/2 share in the suit properties. The 1st defendant filed the instant application contending that the plaint does not disclose the cause of action and that the plaintiff who is out of possession cannot value the suit under Sec. 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. It is also contended that the market value of the property is much higher than what has been stated in the plaint.

(3.) As regards the dispute regarding possession, the learned trial Judge concluded that the same will have to be decided only at the time of trial and it cannot be subject matter of a preliminary issue. As regards the valuation, the learned trial Judge came to the conclusion that the plaintiff has valued the property as per the guideline value and no material has been placed by the defendant/ petitioner to show that the guideline value is higher than what has been stated in the plaint. On the above conclusions, the learned trial Judge dismissed the application.