RATHINAVELU Vs. V SIVAKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the fair and decretal order passed in P.O.P.No.30 2010 on the file of the Principal District Judge, Namakkal.

(2.) The POP.No.30 of 2010 was filed by the appellant/petitioner. The brief facts of the petition is, the petitioner filed a petition for granting permission to sue informa pauperise and for suitable orders. The petitioner in his affidavit has stated that, he has filed the suit for a decree to set aside the sale deed executed by the second respondent in favour of the first respondent as void abinitio, fraudulent and collusive document and also prayed for a decree for damages sustained by the appellant/petitioner on the fraud and collusion played by abusing the Power of Attorney dated 23.12.2008 and also for decree for permanent injunction restraining the respondents from interfering with his possession and enjoyment of the property and restraining the respondent from encumbering or creating any documents in respect of the suit property. The petitioner in the said petition has stated that he has filed the suit to set aside the sale deed and also claiming damages sustained due to the fraudulent collusion with the second respondent. It is the averment made by the petitioner for valuing the suit for a sum of Rs.4,75,000/- which is the sale consideration and also for claiming damages of sum of Rs.25,00,000/-, he has to pay a Court fee of Rs.2,23,277/- for which, he has no means to pay the same. Hence, he has filed POP seeking permission to file the suit as informa pauperise.

(3.) The respondent in the petition has filed his counter stating that petitioner is employed as Document Writer by profession and he is earning a sum of Rs.10,000/- per month and the petitioner has also a sum of Rs.16,950/- in his account in Tamil Nadu Merchantile Bank and further has a property, which he has sold for Rs.4,75,000/- and he is having two tiled houses worth about Rs.5 lakhs and he is also getting monthly rent. Hence, the Trial Court has to decide and declare, whether the petitioner has to be declared as pauper.