SARAMEKALA ANJANEYULU Vs. KURRA SAMBRAJYAM

JUDGEMENT

(1.) This is a revision filed against an order passed by the Trial Court dismissing the application filed by the defendant under Order VII, Rule 11 C.P.C. Defendant wanted the plaint to be rejected on the ground that sufficient Court-fee had not been paid by the plaintiff. Plaintiff filed the suit for cancellation of a document, which is a sale deed. The value of the property, according to the sale deed, is Rs. 12,00,000/-. The plaintiff filed the suit claiming one-seventh share in the property. He prayed in the suit:

(2.) Therefore, it becomes abundantly clear that the plaintiff did not claim the whole property, which was sold by the sale deed, which was challenged before the Court.

(3.) The learned Counsel for the petitioner/defendant submits that since the property had been sold for Rs. 12,00,000.00 and the document, i.e., the sale deed, was challenged by the plaintiff, therefore, he was bound to pay Court-fee on an amount of Rs. 12,00,000/- in terms of Section 37 of the A.P. Court Fee and Suits Valuation Act, 1956.