M/S. EURO CONSTRUCTION Vs. MURUGAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order of the Principal Sub Judge, Tirunelveli, dated 20.11.2016 in unnumbered S.R.

(2.) The petitioners filed a suit in O.S.S.R. No. 7522 of 2016 against the respondents claiming for declarations, permanent injunction, for accounts and for mesne profit. In the prayer, in para 16 (a), the petitioners sought for the relief of declaration to declare the sale deed, dated 09.10.2015 bearing Document No.755/2015 registered in the office of SRO Palayamkottai executed by the first respondent in favour of the second respondent and financed by the third respondent, as null and void under Section 31 of the Specific Relief Act and for consequential relief of possession of S1 apartment, the second schedule property and part of the first schedule property and to hand over the same to the petitioner.

(3.) The learned Judge returned the plaint on the ground that the petitioner has not properly valued the relief of possession and on such proper valuation, the Court has no pecuniary jurisdiction and directed the petitioner to properly value and present the plaint in proper Court within one month. Against the said order of return, the present civil revision petition is filed.