B. MAHESWARI Vs. S. CHITRALEKHA

JUDGEMENT

(1.) Challenging the order of dismissal passed by the XVII Additional Judge, City Civil Court, Chennai in I.A.No.1 of 2022 in O.S.No.9666 of 2021 dtd. 18/4/2023, the present Civil Revision has been filed.

(2.) The revision petitioner is the 2nd defendant and the first respondent is the plaintiff and other respondents are defendants in O.S.No.9666 of 2021 on the file of the XVII Additional City Civil Court, Chennai. The first respondent/plaintiff had filed the suit against the revision petitioner and other respondents/defendants for partition of plaint schedule property into 6 equal shares and claim 1/6 shares to the first respondent/plaintiff. The plaintiff valued her 1/6 share in the suit schedule property at Rs.40,20,000.00 and paid a fixed court fee of Rs.5000.00 under Sec. 37(2) of the Tamilnadu Court Fee and Suit Valuation Act 1955. In the said suit, the Revision Petitioner herein, who is the 2nd defendant in the suit, had filed an application in I.A.No.1 of 2022 to reject the plaint on the ground that the plaintifff ought to have valued the suit under Sec. 37(1) of Tamil Nadu Court Fee and Suits Valuation Act 1955 and not under Sec. 37(2) of the Tamil Nadu Court Fee and Suits Valuation Act for the market value of her share as she is not in possession of the suit property. If the Court fees is paid in accodance with Sec. 37(1) of the Tamilnadu Court Fee and Suit Valuation Act 1955 for the market value of the property, the City Civil Court has no jurisdiction. The Trial Court, after considering the submission of the parties, dismissed the petition, which is under challenge.

(3.) The learned counsel for the petitioner submitted that the first respondent/plaintiff is not in possession of the suit schedule property after the death of her father, i.e., from the year 1984. Since she is not in possession of the plaint schedule property, she ought to have valued the suit under Sec. 37(1) of the Tamil Nadu Court Fees and Valuation Act 1955 on the basis of the market value of the suit schedule property. But, she paid a fixed Court Fee of Rs.5000.00, as though she is in joint possession, under Sec. 37(2) of the Tamil Nadu Court Fees and Valualtion Act 1955. However, the Trial Court failed to consider the said fact and erroneously dismissed the petition. Therefore, pleaded to allow the revision petition and to set aside the impugned order.