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2019 Supreme(Mad) 3413

N.ANAND VENKATESH
Indirani – Appellant
Versus
Raja – Respondent


Advocates Appeared:
For the Appellant : A. Sivaji
For the Respondent: N. Murugesan

ORDER :

N. Anand Venkatesh, J.

1. This Civil Revision Petition has been filed challenging the fair and final order passed by the Court below allowing the application filed by the respondent under Section 12(2) of the Tamil Nadu Court Fees and Suit Valuation Act.

2. The petitioners are the plaintiffs in the suit. The suit was filed against the respondent for the relief of declaration and recovery of possession. While determining the value of the properties and paying the Court fee, the properties were taken to be ryotwari lands and therefore, the Court fee was paid by calculating 30 times of the kist value.

3. The respondent filed written statement. Even in the written statement, at para 11, a preliminary issue has been raised by the respondent with regard to the manner in which the properties have been valued and the respondent has taken a specific plea that if the properties are properly valued, the suit will go beyond the pecuniary jurisdiction of the Court.

4. Pursuant to the completion of the pleadings, the Court below has framed issues. One of the issues that has been framed by the Court below was with regard to the valuation of the properties and the Court fee payable by the plain

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