NALLA GOUNDER Vs. V M SOMASUNDARAM

JUDGEMENT

(1.) THE plaintiffs 1 and 2, who aggrieved by the order of the trial court, directing them to pay the court fee on the basis of the market value of the prope ty, are the revision petitioners.

(2.) THE second petitioner and the first respondent are the sons of the first petitioner and the second respondent is the father of the first petitioner. THE petitioners and the first respondent entered into an agreement dated 14. 12. 1992 to effect partition of the suit properties among themselves. According to the plaintiffs in OS. No. 132 of 1993 it was agreed that the registration of the said partition should be done on or before 13. 3. 1993, and in pursuance of the said agreement the parties took possession of the property. Since the said partition deed was not executed and registered by the defendants in O. S. No. 132 of 1993, the plaintiffs filed the said suit o. S. No. 132 of 1993 on the file of the Subordinate Court , Gobichettipalayam praying for a decree for specific performance of the agreement dated 14. 12. 1992. In para 8 of the plaint, the plaintiffs have stated the particulars regarding court fee as follows:- "value for the purpose of court fees and jurisdiction in Rs. 9,25,000 and a court fee of Rs. 200 is paid under Section 53 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. Details of valuation Value of the'a'Schedule Rs. 2,50,000. 00 Value of the 'b'Schedule Rs. 6,75,000. 00 Since the relief of specific performance to execute a partition deed is not provided for court fee is paid under Section 53 of the court Fees Act".

(3.) NOW, the only dispute is whether any consideration was passed on under the agreement between the parties and if it is so, whether it has any market value. At the risk of repetition I may mention that the suit is only between the co-owners and they took possession of their respective shares pursuant to the agreement dated 14. 12. 1992. The "consideration" has been defined in Section 2 (d) of the Indian Contract Act as follows :- "when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such Act or abstinence or promise is called a consideration for the promise ".