C. MUTHUSELVI AND ORS. Vs. R. VANAJA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 25 March, 2014, in I.A. No. 72 of 2013 in O.S. No. 123 of 2012, whereby and whereunder, the learned Subordinate Judge dismissed the application filed by the petitioners under Section 12(2) of the Tamil Nadu Court -Fees and Suits Valuation Act, 1955 r/w Order XIV Rule 2 of Code of Civil Procedure, 1908.

(2.) THE respondent filed a suit in O.S. No. 123 of 2012 before the Subordinate Court, Palani, praying for a decree of declaration that the sale deed dated 07 November, 2003, is void and legally invalid, besides a decree of injunction.

(3.) THE learned counsel for the petitioners contended that the subject property was purchased for a sum of Rs. 3,20,000/ -. The respondent was, therefore, liable to pay Court fee under Section 40 of the Tamil Nadu Court -Fees and Suits Valuation Act, 1955, taking into account the market value. The learned counsel further contended that the learned Trial Judge erred in dismissing the application on the ground that the respondent is not a party to the sale deed and as such, she is not liable to pay Court fee on the market value.