AMEENA AMMAL Vs. SAROJA AMMAL

JUDGEMENT

(1.) THE revision is filed against the order of the subordinate Judge, Nagapattinam in court-fee check slip issued in A. S. No. 53 of 1983.

(2.) THE facts which are necessary for disposal of the above appeal are as follows: THE petitioner herein is the third defendant and the appellant in A. S. No. 53 of 1983. THE plaintiff in this suit, which is the subject-matter of the appeal are the minor children of the first defendant, who is the mother and the second defendant is their brother, though the first wife. THE appellant who is the third defendant, is the purchaser of one of the items of the suit properties from the defendants 1 and 2. THE plaintiff filed the above suit for partition and separate possession contending that the said transaction is not valid and binding on them as regards the first item which was sold to the third defendant. THE plaintiffs paid Court-fee under Sec. 37 (2) and in respect of the disputed item 1 under Sec. 37 (1) of the Court-Fees Act. In the appeal the court--fee Examiner verified the records and issued a check-slip to the effect that in the sale deed in favour of the third defendant by the defendants 1 and 2 on behalf of the minors, the plaintiff has to pay Court-fee under Sec. 37 (4) which attracts Sec. 40 of the Court-Fees Act viz. , they should ask for cancellation of the said sale and pay Court-fee on the market value of the said item. THE same was objected by this appellant but, the Court below overruled the same and upheld the court-fee check-slip and directed the revision petitioner to pay additional court-fee. Aggrieved by the same this revision is filed.