KRISHNAKANTHAN Vs. ESAKKI AMMAL

JUDGEMENT

(1.) THE Revision Petitioners put in issue the correctness of the order passed by the Principal District Munsif, Tenkasi, in rejecting the suit itself on the ground of non?payment of proper Court Fee.

(2.) THE Principal District Munsif has come to the conclusion that originally when the suit was laid by the petitioners for the relief of declaration and recovery of possession in respect of a vacant land and the consequential mandatory injunction directing the respondent to remove the construction put up by them, and a sum of Rs.30,100 has been paid by the petitioners themselves, as Court Fee and in such case, they are not legally entitled to contend that they have to pay the Court Fees as provided under Section 7 of the Court Fee Act.

(3.) THE Trial Court, on the basis of a report submitted by the Amin, who inspected the property in person and found that there is a construction in the suit schedule property with an asbestos roofing and estimated the value at Rs.8 lakhs, directed the petitioner to pay Court Fee on Rs.8 lakhs under Section 25(a) of the Court Fee Act. On the petitioners disputing the same, the order impugned in the Revision Petition is passed rejecting the plaint for non?payment of Court Fee on the value of Rs.8 lakhs.