SATHYANARAYANA GUPTA Vs. RAJASUBRAMANIA GUPTA

JUDGEMENT

(1.) THE third defendant in O. S. No. 157 of 1996 on the file of the Additional Sub Court, Tindivanam is the revision petitioner. The revision is filed against the dismissal of I. A. No. 69 of 2002 filed to try the issue with regard to payment of Court Fee as preliminary issue as per order dated 30. 10. 2003.

(2.) THE respondent/plaintiff filed the suit for declaration and possession of the suit properties from the defendants 1 to 3 and also for mesne profits. The plaintiff and the third defendant are the sons of defendants 1 and 2. In the plaint, it is averred that the suit house bearing door No. 434 situated in Jawaharlal Nehru Street, Tindivanam, which was owned by the plaintiff's grandmother Kumudhavallithayar Ammal, was given to the plaintiff, in which there are three shops, in front of the house, bearing door Nos. 432, 433 and 435 and out of which, two shops are facing on the south and the third shop is facing on the north. The plaintiff's paternal grandmother Kumudhavallithayar Ammal, as per Will, bequeathed shop bearing door No. 432 to the first defendant and the shop bearing door No. 433 to the third defendant. The shop bearing door No. 435 was given to her deceased son Krishnamoorthi as per settlement deed, who bequeathed the said shop to the plaintiff under a Will and therefore, according to the plaintiff, as per the Will of his paternal grandmother Kumudhavallithayar Ammal, the suit house bearing door No. 434, Jawaharlal Nehru Street, Tindivanam was given to the plaintiff and she was also given the shop bearing door No. 435 situated in front of the house facing north by his paternal uncle Krishnamoorthy by a separate Will.

(3.) THE plaintiff initially filed the suit in the Sub Court, Tindivanam, in which, the suit has been taken on file in O. S. No. 155 of 1988. In the suit O. S. No. 155 of 1988, the relief sought for in the plaint has been valued at Rs. 20,000/- for which the plaintiff paid Court fee of Rs. 1,500. 50 under Section 25 (a) of the Tamil Nadu Court Fees and Suit Valuation Act. Such valuation of the suit property was challenged in the written statement. Subsequently, the above suit has been transferred to the District Munsif Court, Tindivanam since the jurisdiction of the District Munsif Court was enhanced to Rs. 30,000/- and the same has been taken on file in O. S. No. 848 of 1995.