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2013 Supreme(Mad) 758
Madurai Bench of Madras High Court
D. HARIPARANTHAMAN, J.
G. Lokanayaki
Versus
Venkatraj & Others
C.R.P.PD. (MD). No. 239 of 2013 & M.P. (MD) No.1 of 2013
Decided On : 05-02-2013
For the Petitioner:S. Kadarkaraj, Advocate.
The main legal point established is that the jurisdiction to try a Partition Suit is determined based on the value of the plaintiff's share in the property, as per the relevant provisions of the Tamil Nadu Civil Court Laws and Court Fees and Suit Valuation Act.
Headnote:
Jurisdiction - Partition Suit - The court held that the Sub Court had jurisdiction to try the suit based on the value of the plaintiff's share in the joint family property, as per Section 12 of Tamil Nadu Civil Court Laws and Section 37(1) of the Tamil Nadu Court Fees and Suit Valuation Act.
Fact of the Case:
The petitioner filed a Partition Suit valuing the share of the suit property at Rs.1,76,947, but the District Court rejected the application to transfer the suit to the Sub Court based on the total property value exceeding Rs.10,00,000.
Finding of the Court:
The court found that the District Court had incorrectly considered the entire property value to decide the pecuniary jurisdiction, and held that the Sub Court had jurisdiction to try the suit based on the plaintiff's share value.
Issues: Jurisdictional issue regarding the transfer of the Partition Suit from the District Court to the Sub Court.
Ratio Decidendi: The court's decision was based on the interpretation of Section 12 of Tamil Nadu Civil Court Laws and Section 37(1) of the Tamil Nadu Court Fees and Suit Valuation Act, which allowed the Sub Court to try the suit based on the value of the plaintiff's share in the joint family property.
Final Decision: The Civil Revision Petition was allowed, the District Judge's order was set aside, and a direction was issued to transfer the suit to the Sub Court for further proceedings.
1. The petitioner is the plaintiff. He filed a Partition Suit in O.S.No.12 of 2011 before the Sub Court, Sivakasi.
2. The petitioner valued the share of the suit property at Rs.1,76,947/-, while the total value of the entire property is Rs.10,61.680/-
3. While so, the Principal District Court, Virudhunagar at Srivilliputtur issued notice dated 03.05.2012, transferring the aforesaid suit to the District Court and posting the matter on 11.06.2012. The suit was renumbered as O.S.No.32 of 2012.
4. Thereafter, the petitioner herein filed application in I.A.No.597 of 2012, to transfer the suit to the Sub Court, Sivakasi.
5. No counter was filed by the defendants in the suit. However, the District Judge, passed an order dated 28.09.2012 in I.A.No.597 of 2012 in O.S.No.32 of 2012, rejecting the application. It is stated that the value of the property exceeds Rs.10,00,000/-and therefore, the District Court alone has jurisdiction to try the suit.
6. Heard the learned counsel for the petitioner.
7. As rightly contended by the learned counsel for the petitioner, the Sub Court has jurisdiction as per Section 12 of Tamil Nadu Civil Court Laws, to try a suit to the value of Rs.10,00,000/-. The mistake committed by the District Court is that the District Court has taken the entire property value to decide the pecuniary jurisdiction. It is not correct. The plaintiff has claimed only Rs.1,76,947/-as her share in the joint family property. Hence, the suit value is Rs.1,76,947/-as per Section 37 (1) of the Tamil Nadu Court Fees and Suit Valuation Act. Section 37 (1) of the Tamil Nadu Court Fees and Suit Valuation Act is extracted in this regard.
37. Partition suits.-(1) In a suit for partition and separate possession of a share joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the marker value of the plaintiff's share.
In view of the same, I am of the view that the order of the learned District Judge, Virudhunagar at Srivilliputhur is liable to set aside.
8. Accordingly, this Civil Revision Petition is allowed and the order dated 28.09.2012 in I.A.No.597 of 2012 in O.S.No.32 of 2012 passed by the learned Principal District Judge, Virudhunagar at Srivilliputtur is set aside. A direction is issued to the learned Principal District Judge, Virudhunagar at Srivilliputhur, to transfer the suit immediately to the Sub Court, Sivakasi, for further proceedings. No costs. Consequently, connected miscellaneous petition is closed.
