K. RAMADOSS AND ORS. Vs. E. STALIN

JUDGEMENT

(1.) The Defendants 2 to 4 in O.S. No. 137 of 2013 on the file of the District Munsif, Poonamallee are the petitioners in the Civil Revision Petition preferred under Article 227 of the Constitution of India. The petitioners are represented by Mr. V. Anil Kumar and the respondent is represented by Mr. Dr. D. Ravichandran, appearing on behalf of Mr. R. Ramesh, learned counsel on record for the respondent. The arguments advanced on both sides are heard.

(2.) The respondent herein filed the suit on the file of District Munsif, Poonamallee in respect of the suit property for declaration of his title in respect of the suit property and an injunction against the defendants therein not to interfere with his peaceful possession and enjoyment of the suit property. The valuation of the suit property came to be made on the basis of the kist value. There is a thatched house as per the plaint averments and the thatched house has been separately valued at ad valorem value. On the basis of the said valuation, a sum of Rs. 2325.50 came to be paid. The defendants 2 to 4, who are petitioners in the present revision, after entering appearance in the suit, without filing a written statement, filed a petition in I.A. No. 567 of 2013 under Order VII Rule 11 CPC for the rejection of the plaint on the ground that the suit has been grossly undervalued and insufficient Court fee came to be paid.

(3.) The learned trial Judge, after hearing both sides, came to the conclusion that the valuation of the agricultural land at 30 times of the kist value was proper and that the same cannot be said to be an act of grossly valuing the relief.