PADMAVATHY Vs. A.N.EASWARAVEL

JUDGEMENT

(1.) The suit O.S.No.325 of 2012 is laid for declaration and for certain ancillary relief of injunction before the District Munsif Court at Palladam. The suit is being contested by defendants 5 and 6 [Vide separate order in CRP.No.2785/2018, this Court has directed the impleadment of the purchaser from the 6th defendant, and who would now be tagged to the list of defendants as 7th defendant in the suit].

(2.) The trial of the case has commenced, and examination of P.W.1 has already concluded, and P.W.2 is in the witness box. It is at this stage, defendants 5 and 6 have taken out I.A.No.509/2018, challenging the valuation of the suit under Order 7 Rule 11(d) CPC., The foundation for defendants 5 and 6 for alleging under-valuation of the suit is that the sale consideration that had passed under the sale deeds which runs to few lakhs.

(3.) The case of the plaintiff is that the suit is valued under Sec. 25(b) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955, whereunder the suit has to be valued half the market value of the suit property. So far as the definition of market value goes, according to the plaintiff, in terms of Sec. 7 of the said Act, market value of a property is deemed to be 30 times the kist payable for the property.