KHADER MEERA MUTHALIP Vs. K BALAKRISHNAN

JUDGEMENT

(1.) The plaint presented by the revision petitioners/plaintiffs seeking the relief of declaration of sale deed dated 07.11.2006 executed by their power agent/2nd defendant in favour of 1st defendant as null and void, was returned without taking the plaint on file, for payment of proper court fee under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act with two months time for proper presentation. In the order, the Court has observed that the relief of declaration of a document as null and void, to which the power agent is a party, is not sustainable. The plaintiffs ought to have prayed for cancellation of the sale deed and ought to have valued the suit as per the document and paid court fee under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act.

(2.) Aggrieved by the refusal to take the plaint on file and return of plaint, this revision petition is filed alleging that the finding of the Court below that suit ought to have been valued under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act is erroneous. The Court below overlooked the averments made in the plaint that the 2nd defendant though acted as power of attorney, acted fraudulently in collusion with the 1st defendant and beyond his authority and such act will not bind the plaintiff. The question of court fees must be based on the pleadings. Only in the trial, the plaintiffs can demonstrate and prove how fraud has been committed in the execution of the impugned document. So, it is sufficient to seek the relief to declare the sale deed executed by the power agent of the plaintiffs in favour of third party as null and void.

(3.) The learned counsel for the respondents submitted that the impugned sale deed was executed by the power agent of the plaintiffs while the power of attorney deed was in force. The act of the agent is the act of the principal. The revision petitioners cannot claim documents executed by their duly authorised agent as nullity. Therefore, the order returning the plaint without numbering to be present with proper court fees under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act is just and proper well within the law and procedure.