KOTHANDARAMA REDDIAR Vs. CHOKKAMMAL

JUDGEMENT

(1.) This civil revision petition raises a question relating to court-fee and jurisdiction, The suit which has given rise to this civil revision petition was instituted by the respondent herein for setting aside the compromise decree passed in O. S. No. 610 of 1944 on 13th December 1945. The short facts of the case leading up to this litigation may be stated.

(2.) The present respondent 1 filed O.S. No. 15 of 1927 on the file of the District Munsif of Madurantakam for recovering maintenance from the adoptive mother of the present petitioner and obtained a decree therein. In execution of that decree for maintenance the present respondent 1 brought the properties to sale and purchased them herself. Subsequently, the present petitioner filed O. S. No. 610 of 1944 for a declaration that the decree obtained in O. S. No. 15 of 1927 was not binding upon him for the reason that he was not impleaded as a party to that suit. That suit ultimately ended in a compromise decree under which the present respondent 1 was given 3 acres 12 cents of nanja land with absolute rights in full quite of her rights under the decree in O. S. No. 15 of 1927. Now respondent 1, herein has filed O. S. No. 312 of 1946 to set aside that compromise decree and valued the snit for purposes of court-fee and jurisdiction at Rs. 317-14-0 which was the valuation give a by the present petitioner in the plaint O. S. No. 610 of 1944.

(3.) It was maintained by the present petitioner as defendant 1 in the suit that the value of the suit should be the market value of the property secured under the decree which will be in excess of the pecuniary jurisdiction of the Court of the District Munsif, and not the value of the claim given in the suit, O. S. No. 610 of 1944, The trial Court overruling this objection held that the basis for the valuation of the plaint in the present suit is the value of the claim and not the value of the property which was given to the plaintiff under the decree in O. S. No. 610 of 1944 and directed the plaintiff to pay ad valorem court fee on Rs. 371-14-0. The aggrieved defendant has presented this civil revision petition.