Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
T.Shaju Kumar – Appellant
Versus
C.Lakshmi – Respondent
ORDER :
G.R. SWAMINATHAN, J.
Heard the learned counsel for the revision petitioners.
2.The revision petitioners filed unnumbered suit before the learned Sub Judge, Kuzhithurai seeking the relief of declaration and permanent injunction. The court below declined to number the suit for the reason that the court fee has not been properly computed. Challenging the return made by the court below, this Civil Revision Petition has been filed.
3.It is seen that the petitioners have assessed the market value of the property based on the valuation set out in the suit sale deeds. The sale deeds are of the year 2007. The court below entertained a doubt whether the valuation that obtained in the year 2007 would represent the current market value of the suit property. In that view of the matter, the impugned return came to be made.
4.The relevant provision is Section 7 of Tamil Nadu Court-Fees and Suits Valuation Act, 1955. It reads as follows:-
“7.Determination of market-value.- (1) Save as otherwise provided, where the fee payable under this Act depends on the market-value of any property, such value shall de determined as on the date of presentation of the plaint.
Explanation – For the purpose of thi
The court emphasized that plaintiffs must provide adequate reasons for valuing property below statutory market values as per Section 47-AA of the Indian Stamp Act, while their assessment is accepted ....
The suit must be valued in terms of the Act in force when it was instituted, and the market value of the suit property must be reckoned prima facie at the guideline value fixed by the authorities con....
Guideline values for properties are not definitive market values but serve as prima facie rates, requiring reassessment by the designated sub-committee under the Indian Stamp Act and relevant rules.
The court established that the valuation of a suit must adhere strictly to the provisions of the Tamil Nadu Court Fee and Suit Valuation Act, and that any attempt to manipulate the valuation to gain ....
Point of Law : Stamp duty - Assessment - High Court was in error in observing that the fixation of value in the instant case was based on future development - what is necessary for the authority is t....
The assessment of property valuation under Rule 5 of the Tamil Nadu Stamp Rules is final, and courts should not interfere with such orders passed on merits.
A party seeking to declare a document null and void must value the claim under Section 40 of the Tamil Nadu Court Fees Act if they are a party to the document, while an injunction claim can be valued....
The market value of a property should be assessed based on ground reality, and the proper procedure must be followed in determining the market value.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
