RAHMATH BEEVI Vs. ER MOHAMMEDAMMAL BEEVI

JUDGEMENT

(1.) THE above Civil Revision Petition is directed against the order dated 3.12.2003 made in I.A.No.566 of 2002 in O.S.No.4 of 1999 on the file of the Principal District Munsif Court, Tenkasi.

(2.) TRACING the history of the above Civil Revision Petition coming to be filed before this Court, what could be assessed is that the petitioner herein has filed the suit in O.S.No.4 of 1999 on the file of the Principal District Munsif Court, Tenkasi, praying for separate possession of 6/20 share in the schedule property and for costs. The suit was decreed as prayed for.

(3.) IN consideration of the facts pleaded and having regard to all the materials placed on record, since it comes to be known from the order of the court below that it has not followed the guidelines prescribed by the Supreme Court in the judgment cited supra while fixing the market value which was defined therein as "the price that a willing purchaser would pay to a willing seller for a property..." and as the petitioner herein is stiffly opposing norms adopted by the court below in fixation of market value of the property, this Court is of the view that the court below has erred in fixing the market value of the property. Therefore following the dictum of law enunciated in the above judgment of the Supreme Court, this matter deserves to be allowed and remitted back to the court below for proper appreciation of all the facts and circumstances of the case in the light of the above judgment. Hence, the following order. IN result,