SHANMUGHA UDAYAR Vs. GOVINDA UDAYAR

JUDGEMENT

(1.) THE plaintiffs are the petitioners in these revision petitions. They filed the suits for declaration and injunction. The question that arises for consideration in these cases is whether the suits should be valued under Section 25 (b) of the Madras court-fees and Suits Valuation Act, 1955, or under Section 40 (1) of the Act. The plaintiffs purchased the suit property from the second defendant. Defendants 1 and 2 as well as one Ramachandran were the sons of one Peshkar Udayar. After the demise of Peshkar Udayar, Defendants 1 and 2 and Ramachandran effected a division in the properties into three shares in the year 1948. It is further alleged in the plain that there was a koorchit evidencing the partition among the brothers. One of the legal representatives of one of the brothers of defendants 1 and 2 filed a suit for partition and a preliminary decree was passed declaring the shares of the brothers and providing that as far as possible the properties should be divided as amongst them so that they would be in possession of properties that were allotted to them according to the koorchit.

(2.) THE case of the plaintiffs is that they purchased two items of properties from the second defendant, that due to collusion between the defendants 1 and 2 in that suit the properties which were allotted to the second defendant under the koorchit and which the plaintiffs purchased were allotted to the first defendant. The plaintiffs therefore seek the relief by avoiding the final decree which allotted the properties to the parties. The reliefs which the plaintiffs seek are:

(3.) THE market value of the land in suits falling under Section 25 (b) is 30 times the survey assessment if the land is a ryotwari land. A court-fee thus payable under section 25 (b) will only be Rs. 300/ -. Under Section 40 (1) of the Court-fees Act, it is provided-