M THANGAVELU Vs. PERUMAYEE

JUDGEMENT

(1.) AGGRIEVED over the order of the Additional District Munsif, Namakkal, endorsed in the compromise memo filed in O.S.No.286 of 2005 dated 17.11.2005 this civil revision petition has been filed.

(2.) BRIEF facts of the case are as follows: The petitioner/plaintiff filed the suit against the defendants 1 to 14 for partition. He valued the suit at Rs.95,000/- as per the value of 1/20 share for which he is entitled. During the pendency of the suit, the plaintiff and defendants entered into a compromise memo. By virtue of the compromise memo the plaintiff paid money to each of the defendants who have released their shares in favour of the plaintiff. As per the compromise memo the first defendant received a total amount of Rs.6,00,000/-. The said amount is payable to herself as well as the defendants 4 to 14.

(3.) SECTION 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act 1955 reads as follows: "In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:- When the plaint is presented to:-- (i) a District Munsif's Court : Rupees one hundred (ii) the City Civil Court, :Rupees one hundred, Chennai at a Sub-Court if the plaintiff's or a District Court share is rupees thirty thousand or less, rupees five hundred, if it is above rupees thirty thousand but below rupees one lakh and rupees seven hundred and fifty, if the value is rupees one lake and above. (iii) The High Court :Rupees one thousand