SUBRAMANI Vs. PANNEER

JUDGEMENT

(1.) Heard both sides. The plaintiff in O.S. No. 120 of 2009 on the file of the Sub-Court, Thiruvannamalai is the petitioner in the present revision. The said suit was filed for permanent injunction against the respondent. The relief was valued in the plaint adopting a notional value at Rs. 1,10,000/- under Section 27(c) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. The learned Principal District Judge, Thiruvannamalai, at the time of inspection, found the valuation under Section 27(c) of the Court Fees and Suits Valuation Act to be improper and gave instructions to the learned Principal Subordinate Judge, Thiruvannamalai to issue a check slip. Accordingly, a check slip was issued for ascertaining the market value of the suit property and to collect the deficit Court fee, if any, after getting the objection of the petitioner/plaintiff.

(2.) The trial Court passed an order fixing the market value of the suit property at Rs. 7,00,000/- and directing the revision petitioner/plaintiff to pay the deficit Court fee and consequently make amendments in the valuation and Court fee column of the plaint. The said order dated 07.12.2010 is under challenge in the present revision.

(3.) Suits for bare injunction are to be valued under Section 27 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. For better appreciation, the entire section is reproduced hereunder: