G. SELVARAJ Vs. K. JAYALAKSHMI

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the docket order in Counter Claim in O.S.No.74 of 2011 dated 07.09.2015 by the District Munsif, Tambaram, Kancheepuram District.

(2.) The petitioner is the defendant and the respondent is the plaintiff in the suit filed in O.S.No.74 of 2011 on the file of the District Munsif, Tambaram, Kancheepuram District. The respondent/plaintiff filed the suit for permanent injunction restraining the petitioner/ defendant, his men, agents, servants, legal heirs and administrators in any manner, from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. The petitioner herein filed written statement and also counter claim, in which he had stated that the properties were partitioned between his father and his elder brother late Ganapathy Naicker while they were alive, by way of Koor Chit as early as on 17.07.1938. Thereafter, the petitioner inherited the property by way of partition. He has dealt with the property by alienating the same. In view of the partition so entered, the petitioner filed the counter claim and sought for the following reliefs:

(3.) Seeking the above reliefs, the petitioner paid the court fee under Sec. 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act ("Act" in short). The respondent filed her objections to the counter claim stating that the petitioner has to pay the court fee only as per Sec. 25(b) of the Act and not under Sec. 25(d) of the Act, for which the petitioner contended that to prove his position, he filed kist receipts, which subsequently were found missing. The learned Judge, after considering all the materials available on record, and also the averments made in the affidavit and the counter affidavit, held that with regard to the nature of relief sought for by the petitioner, he has to pay the court fee only as per Sec. 25(b) of the Act and hence directed the petitioner to pay the court fee accordingly. Hence the present Civil Revision Petition.