N.NATARAJ Vs. P.KANNAIYAN (DIED)

JUDGEMENT

(1.) The instant revision has been filed challenging the order dtd. 13/3/2013 passed by the learned III Additional District Munsif Court, Coimbatore, in I.A.No.596 of 2006 in O.S.No.788 of 2004. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the first defendant in the suit O.S.No.788 of 2004. The suit O.S.No.788 of 2004 was filed by P.Kannaiyan and Chandran claiming to be the president and member of the Gangawar Mahajana Trust respectively against the petitioner and other defendants seeking for a declaration and for an injunction. According to the plaintiffs in the suit, the petitioner does not have any right of interest in the two temples namely Arulmigu Mahaliamman Temple and Arulmigu Pattalamman Temple situated at Street No.3, Weddermenpet Street, Rangai Gowder Street, Coimbatore. The petitioner filed I.A.No.596 of 2006 in O.S.No.788 of 2004 raising a preliminary issue that the suit filed by the plaintiffs in O.S.No.788 of 2004 is undervalued.

(3.) According to the petitioner, the relief of declaration and injunction should be couched as one relief. Further according to the petitioner, the Court Fees Act provides a separate provision under Sec. 25(b) to value the relief of declaration and consequential relief of injunction as one relief. According to the petitioner, the subject matter of the suit should be valued at half of the market value of the property. According to the petitioner, if such a valuation is adopted, the plaintiffs' temple and its properties which are located in the area of about 50 cents in the heart of the city, where one cent of land is valued at not less than Rs.5,00,000.00, the valuation of the subject matter would come to Rs.2.50 crores. According to the petitioner, under Sec. 25(b) of the Court Fees Act, the subject matter should be valued at half of the market value which should be Rs.1.25 crores. It is also the case of the petitioner that the plaintiffs also cannot claim exemption in the payment of Court fee as the temple is a private temple and not a public temple.