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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
G7 Investment Private Limited, Represented by its Director M. Jaganath – Appellant
Versus
N. Gunasekaran, S/o. Narayanaamy Pilai – Respondent
| Table of Content |
|---|
| 1. petitioner initiates civil revision petition (Para 1 , 2 , 3) |
| 2. proper court fee and valuation issues raised (Para 4 , 5) |
| 3. plaintiff argues correctness of suit valuation (Para 6 , 8) |
| 4. court validates the trial court's authority (Para 7 , 13 , 17) |
| 5. defendant argues avoidance of higher court fees (Para 9 , 10) |
| 6. citing precedents on court fee and pleading issues (Para 12 , 14 , 15) |
| 7. final decision to dismiss the civil revision petition (Para 18) |
ORDER :
Feeling aggrieved by the Order dated February 1, 2018, passed in the Memo [Check Slip D.No.1740 of 2017 dated October 5, 2017] in O.S. No.52 of 2016 on the file of 'the Subordinate Court, Mannargudi' ['Trial Court' for brevity and convenience], the plaintiff in the Original Suit has filed the present Civil Revision Petition.
3. Case of the plaintiff - Company is that it owns the suit properties vide various Sale Deeds annexed along with the plaint. It executed a General Power of Attorney on August 25, 2011 in respect of suit properties in favour of first defendant. Since the first defendant acted against the terms and conditions imposed by the plaintiff and also against its interest, on February 14, 2014, the plain
The plaintiff must seek cancellation of Sale Deeds before claiming they are non-binding, with appropriate court fees payable based on genuine property valuations.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
A plaintiff must clearly state the cause of action and relevant details in the plaint for it to be maintainable; lack of such specifics can lead to the rejection of the plaint under Order VII Rule 11....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
Section 38 will not attract when consideration is not shown in document which is in question.
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