S.N.BALAPATTABI Vs. BALANAGALAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair order and decreetal order dated 26.09.2016 in I.A.No.250 of 2015 in O.S.No.2 of 2007 on the file of the III Additional District and Sessions Judge at Gobichettipalayam.

(2.) The petitioner is the defendant and the respondent is the plaintiff in O.S.No.2 of 2007 before the Fast Track Court No.2, Gobichettipalayam. The respondent filed suit in O.S.No.2 of 2007 for partition into two shares and allot one share to the respondent and for mense profits. The petitioner filed I.A.No.250 of 2015 under Order VII Rule 11 CPC for rejection of the plaint. According to the petitioner, the title of the respondent is denied and she ought to have filed suit for declaration. The suit is barred by limitation as respondent is not in possession of the suit property, plaint does not discloses any cause of action, the respondent suppressed the material facts and has not impleaded necessary parties as the two daughters of the petitioner are also co-parceners, non-production of documents based on the cause of action and the respondent has not properly valued Item Nos.8 & 9 of the suit property and has not paid proper court fee.

(3.) According to the petitioner, the respondent is claiming partition of ancestral properties, joint family properties as well as separate properties. In view of these facts, three separate nature of properties, the respondent has to value the properties at the market value and pay the court fee on the said value as per Section 37 (1) of the Tamil Nadu Court Fees & Suits Valuation Act and not as per Section 37 (2) of the Act. The respondent is not in joint possession of all the properties and therefore she has to pay the court fee at Ad valorem on the market value of the suit properties.