S DAKSHINAMOORTHY Vs. E JANAKI

JUDGEMENT

(1.) Crp (PD) No.1735 of 2017 has been filed under Article 227 of the Constitution of India, challenging the order dated 21.03.2017 passed by the District Munsif Court, Tiruvottiyur in I.A. No.755 of 2014 in O.S. No.93 of 2014.

(2.) Crp (PD) No.1818 of 2014 has been filed under Article 227 of the Constitution of India, challenging the order dated 29.04.2014 passed by the Subordinate Court at Ponneri in CMA SR3713 of 2014 filed as against I.A. No.476 of 2014 in O.S. No.93 of 2014 on the file of the District Munsif, Tiruvottiyur.

(3.) The petitioners are the defendants in the suit O.S. No.93 of 2014 which was filed by the respondents before the District Munsif Court, Tiruvottiyur. The said suit was filed seeking for declaration and injunction in respect of the suit schedule property. The petitioners, who are the defendants in the suit filed I.A. No.755 of 2014 under Order 7 Rule 11 CPC seeking rejection of the plaint filed in O.S. No.93 of 2014 on the ground of under valuation of the suit. According to the petitioners, it was admitted by the respondents that the value of the suit schedule property is Rs.25,00,000/-, as per the settlement deed dated 11.04.2014 executed in favour of the respondents / plaintiffs. According to the petitioners, the respondents / plaintiffs have valued the suit only at Rs.1,000/- and have paid the court fees on the said valuation and hence, the suit before the learned District Munsif, Tiruvotiyur is not maintainable for lack of pecuniary jurisdiction and it has to be rejected.