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2000 Supreme(Mad) 673

M.KARPAGAVINAYAGAM
M. Thandavaraya Poosali & five others – Appellant
Versus
M. Periyasamy Asari & Others – Respondent


Advocates:
P. Valliappan, for M/s. Sarvabhauman Associates, for Petitioners.
V.Kunchithapatham, for Respondents.

Judgment :

1. This revision petition filed under Sec.115 of the Civil Procedure Code is to set aside the fair and decretal order of the Subordinate Judges Court at Kallakurichi in I.A.No.148 of 1997 in O.S.No.15 of 1996 dated 29. 1999 directing the petitioners/plaintiffs to pay an additional court-fee of Rs.83,225.30 on the ground that the suit was under-valued.

2. The petitioners have filed the suit in O.S.No.149 of 1989 on the file of the Sub Court, Virdhachalam against the respondents/ defendants for declaration of the title of the suit property, for delivery of possession and to pass a decree for mandatory injunction to demolish the construction made by the respondents in the suit property.

3. The respondents/defendants filed a written statement in the year 1990-1991. When the case was ripe for trial, the 10th defendant/respondent filed an application in I.A.No.148 of 1997 under O.14, Rule 2(b) of the Civil Procedure Code requesting the trial court to decide whether the suit has been properly valued and proper court-fee has been paid as a preliminary issue. The said application was contested by the plaintiffs/petitioners stating that the suit property had been properly valued














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