M.K. MALA Vs. M.K.RAVI

JUDGEMENT

(1.) This Application has been filed by the second defendant in C.S. No. 733 of 2008 seeking direction to the plaintiff to correct the valuation of the suit in the plaint and to pay requisite ad-valorem court fee on such corrected valuation and in the event of failure to reject the plaint. The plaintiff is the first respondent and defendants 1 and 3 are respondents 2 and 3.

(2.) This application has been filed on two grounds, viz., that (a) the plaintiff has undervalued the suit property and the plaintiff, as D.W. 1, in TOS No. 3 of 2009, has admitted that the valuation of the suit property (Royapettah house property) (Schedule-A) is worth more than 4 crores; and (b) the plaintiff has admitted that he is not in joint possession of plaint A, B and C schedule properties.

(3.) The suit has been filed by the plaintiff in C.S. No. 733 of 2008 seeking the relief of partition and separate possession. The Court fee has been paid under Section 37 (2) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (hereinafter will be referred to as "the Act") on the pretext that the plaintiff is in joint possession of the property.