LAWS(MAD)-2023-8-53

IDOL ARULMIGHU KALAYANA Vs. P.V.SRINIVASAN

Decided On August 01, 2023
Idol Arulmighu Kalayana Appellant
V/S
P.V.Srinivasan Respondents

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed against the order, dtd. 16/2/2016 in I.A.No.239 of 2012 in O.S.No.1 of 2012, on the file of the Principal District Judge, Karur.

(2.) The revision petitioner herein - The Idol, Arulmighu Kalayana Venkataramanaswamy is the plaintiff before the Court below. It appears that the plaintiff - The Idol Arulmighu Kalayana Venkataramanaswamy has filed suit for declaration and recovery of possession in respect of the suit properties and also for the relief of declaration, to declare the sale deed executed in favour of the defendants 9 to 13 as illegal, void and non-est. The plaintiff has valued the suit for Rs.1,00,04,000.00 (Rupees One Crore and Four Thousand only) under Sec. 25 (a), 25(d), 27(c), and 44(1) of the Tamil Nadu Court Fee and Suit Valuation Act and presented the plaint before the District Court, Karur. The same was numbered as O.S.No.1 of 2012. It appears that on numbering of the suit, the defendants filed an application objecting inflated valuation and for return of plaint, to be presented before the proper Court, viz., District Munsif Court.

(3.) According to the petitioner herein, they valued the relief of declaration and possession on the basis of the market value under Sec. 30 of the Tamil Nadu Court Fee and Suit Valuation Act, 1955 ( Herein after called "the Act") and valued the suit for Rs.1,00,000,00.00, under Sec. 25(a) of the Act.