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2012 Supreme(Mad) 3198

ARUNA JAGADEESAN
Sivagurunathan – Appellant
Versus
S. Shanmugaraja – Respondent


Advocates Appeared:
For the Petitioners:S. Balasubramanian, Advocate.
For the Respondent:K. Srinivasan, SC for M.P. Senthil, Advocate.

JUDGMENT

1. This Civil Revision Petition is filed by the Plaintiffs against the fair and decreetal order dated 12.09.2011 made in OS.NO.283/2004 by the learned III Additional District Munsif (Trainee District Judge), Tirunelveli, sustaining the objection raised by the Respondent/Defendant and directing the Plaintiffs to pay court fee under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (herein after referred to as the Act).

2. The deceased 1st Plaintiff has filed a suit in OS.No.361/2002 on the file of the learned Principal Subordinate Judge, Tirunelveli for the relief of declaration that the sale deed dated 22.01.2001 executed by the deceased 1st Plaintiff in favour of the Defendant is only in respect of one acre of land described in the plaint schedule property and for consequential permanent injunction restraining the Defendant from interfering with his possession and enjoyment of the remaining 9 acres of land. According to him, the Respondent/Defendant cheated the Plaintiff and had obtained the sale deed for ten acres of land. The sale price was fixed at Rs.15000/-per cent and for one acre and the Defendant agreed to pay a sale consideration of Rs.15 lakh














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