K. KARUMARAPPAN Vs. T. RATHINAKUMAR

JUDGEMENT

(1.) THE petitioner filed a suit in O.S. No. 37 of 2011 before the learned District Munsif, Palani. It was a suit for a decree of declaration to declare the sale deed dated 27 May, 2010, executed by the first defendant in favour of second defendant as null and void.

(2.) THE respondent, on appearance, filed a petition under Order 14 Rule 2(2) of Code of Civil Procedure, to try the pecuniary jurisdiction as a preliminary issue.

(3.) THE learned counsel for the petitioner contended that the sale deed in question was executed by playing fraud and as such, Court fee under Section 25(d) of the Tamil Nadu Court -Fees and Suits Valuation Act, 1955, was correctly paid. According to the learned counsel, there is no question of paying Court fee under Section 40 of the Tamil Nadu Court -Fees and Suits Valuation Act, 1955, on account of the fact that the document was not executed by the petitioner and it was an act of fraud.