V.R.MARAGATHAM Vs. A.DHANALAKSHMI

JUDGEMENT

(1.) The defendant in the Original Suit is the appellant in the second appeal. The respondent herein filed O.S.No.578/1998 on the file of the Sub Court, Coimbatore for the relief of specific performance based on the suit agreement for sale dated 28.05.1995. Since the pecuniary jurisdiction of the civil courts came to be altered by Tamil Nadu Act 1 of 2004, the said suit was transferred to the file of the Principal District Munsif, Coimbatore and re-numbered as O.S.No.4273/2004. The same was made over to the II Additional District Munsif for trial and disposal in accordance with law. The learned trial judge, namely the II Additional District Munsif, Coimbatore decreed the suit granting the relief of specific performance by judgment and decree dated 23.11.2007. The said decree of the trial court was challenged by the appellant herein/defendant by filing an appeal A.S.No.23/2008 on the file of the Sub Court, Coimbatore. The same was made over to the learned II Additional Subordinate Judge, Coimbatore. The learned lower appellate judge (II Additional Subordinate Judge, Coimbatore) by judgment and decree dated 18.08.2008 dismissed the said appeal without cost confirming the decree passed by the trial court. As against the above said decree of the lower appellate court, the present second appeal has been preferred by the appellant herein/defendant on various grounds set out in the memorandum of second appeal.

(2.) The respondent herein/plaintiff filed the original suit praying for the relief of specific performance directing the appellant herein/defendant to execute a sale deed after receiving a sum of Rs.50,000/- being the balance sale consideration payable under the suit agreement for sale dated 28.05.1995. The respondent herein/plaintiff had made the said prayer in the suit based on the plaint averments, which are in brief as follows:

(3.) While making a prayer for specific performance directing conveyance of the suit property to the respondent/plaintiff or their nominees by executing sufficient instruments of sale, the respondent/plaintiff valued the relief of specific performance at Rs.50,000/-, which amount according to her, was the balance amount of sale consideration payable by the respondent/plaintiff and paid a court fee of Rs.3,750/-. In view of the fact that the suit was valued at Rs.50,000/-, the suit came to be filed before the Sub Court, Coimbatore, since at that point of time, the sub courts had unlimited pecuniary jurisdiction and the pecuniary jurisdiction of the District Munsif courts was limited to Rs.30,000/-. By the amendment introduced by Tamil Nadu Act 1 of 2004, the pecuniary jurisdiction of the District Munsifs was enhanced to Rs.1,00,000/- and the pecuniary jurisdiction of the Subordinate Judges was limited to Rs.5,00,000/- and District Judges were conferred with original jurisdiction to entertain original suits where the value of the subject matter of the suits exceeded Rs.5,00,000/-. Hence by virtue of the transitory provisions contained in Section 4 of Act 1 of 2004, the suit came to be transferred to the court of the District Munsif, Coimbatore and re-numbered as O.S.No.4273/2004 on the file of the District Munsif Court, Coimbatore.