A THIRUNAVUKKARSU Vs. T SREEDEVI

JUDGEMENT

(1.) HEARD the learned counsel for the revision petitioner. The revision emanates from the order passed by the learned District Munsif, Tambaram, in an unnumbered suit in O.S.SR.No.3833 of 2007 dated 08.10.2007. The suit was filed by the plaintiff/revision petitioner for declaration of his title. The plaintiff has valued the suit under section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act, which was questioned by the Office returning the plaint stating that the plaintiff is liable to pay the Court fees under Section 25(a) or under Section 25(b) of the Tamil Nadu Court Fees and Suits Valuation Act (herein after referred to as 'the Act'). The learned District Munsif had taken up the issue on the representation made by the learned counsel appearing for the plaintiff in the court and had passed the impugned order that there is no reason to exclude the relief sought for by the plaintiff under Section 25(a) or 25(b) of the Act and accordingly returned the plaint for representing the same after paying the necessary Court fees under section 25(a) of the Act. Aggrieved by the order of the learned District Munsif, the present revision has been preferred by the revision petitioner.

(2.) THE learned counsel for the revision petitioner relying on 2006(4) MLJ 924 (Siddha Construction (P) Ltd., rep. by its Power Agent Anjay Sharma, Chennai, Vs. M.Shanmugam and others), would contend that in a suit for declaration the Court fee is to be paid under section 25(d) of the Act. THE facts of the said case is that:-