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2017 Supreme(SC) 723

DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
J. Vasanthi – Appellant
Versus
N. Ramani Kanthammal (D) Rep. by LRs. – Respondent


JUDGMENT

Dipak Misra, J.

This appeal, by special leave, is at the instance of the appellants calling in question the legal propriety of the judgment and order dated 16th March, 2016 passed by the High Court of Judicature at Madras, Bench at Madurai in C.R.P. (MD) No. 847 of 2015 (PD), whereby the High Court has affirmed the order passed by the Principal District Judge, Dindigul in I.A. No. 94 of 2014 in Original Suit No. 20 of 2014 rejecting the prayer of the applicant/defendant for dismissal of the Original Suit on the ground of payment of inadequate court fee by placing reliance on a wrong provision of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 (for brevity, “the Act”).

2. The facts in a nutshell are that the “A Schedule property”, as appended to the plaint, was purchased by the plaintiff’s father, late Raja Chidambara Reddiyar from one Balasundara Iyyer on 12.08.1943 through document No. 412/1943 and also “B schedule property” was purchased by him from one Swaminatha Iyyer on 09.08.1943 through document No. 238/1943. After the purchase, he got the patta transferred in his name and paid the government taxes and enjoyed the properties. On 21.02.1948 through document No



















































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