K CHINNATHURAI Vs. ALLIMUTHU

JUDGEMENT

(1.) AS against the dismissal of the Interlocutory Application filed by the 4th defendant to reject the Plaint, this revision has been filed.

(2.) THE 4th defendant filed the said I.A., contending that the the suit has been filed for the relief of declaration and permanent injunction claiming that the sale deed dated 15.12.2004 executed in favour of the 4th defendant by the Court in REP.No.130/2004 in O.S.No.144 of 2004 is a nullity; along with the plaint the plaintiffs have not filed the copy of the sale deed was not filed and only undertaking has been given subsequently; there are two prayers of declaration, but two separate court fees have not been paid by them; the plaintiffs themselves admitted that the suit property is worth Rs.40 lakhs, but the same has been undervalued and only Rs.1,000/= has been paid as court fee; for these reasons the Plaint is liable to be rejected as the suit is not liable for entertained.

(3.) THE only issue to be determined in this revision is whether the valuation of the suit property under Section 25(d) is enough or court fee should be paid under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act.