IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 6^TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 OP(C) NO. 2322 OF 2021 (AGAINST THE ORDER DATED 19.11.2021 PASSED IN OS NO.368/2014 ON THE FILE OF THE MUNSIFF'S COURT, CHITTUR)

PETITIONERS/DEFENDANT NO.2, 10 & 12:

1 BHAGAVATHIAPPAN. R, S/O LATE RAMASWAMY KOUNDER, AGED 75, WEST STREET, CHAMMANAMPATHY MAIN ROAD, UDAYAMKULAM P.O, POLLACHI TALUK, COIMBATORE DIST - 642 129.

2 VENI @ KRISHNAVENI, W/O LATE SELVAKUMARASWAMY, AGED 63, CHAMMANNAMPATHY, UTHRABHAGAVATHI AMMAN KOVIL, THOTTAM, PUTHUR POST, MARAPPAKOUNDER, POLLACHI TALUK, COIMBATORE DIST - 642 103.

3 KEERTHIRAM, S/O LATE SELVAKUMARASWAMY, AGED 31, CHAMMANNAMPATHY, UTHRABHAGAVATHI AMMAN KOVIL, THOTTAM, PUTHUR POST, MARAPPAKOUNDER, POLLACHI TALUK, COIMBATORE DIST-642 103.

BY ADVS.

SAJAN VARGHEESE K.

LIJU. M.P JOPHY POTHEN KANDANKARY RESPONDENTS/PLAINTIFF & DEFENDANTS NO.1,3,5 TO 9 & 11:

1 BHARATHAMANI, W/O SHANMUGHAVEL, AGED 69, 3/155, ERUMAPATTY P.O, ALAPALAYAM, POLLACHI TALUK, COIMBATORE DISTRICT - 642 120.

2 PUSHPABHAGAVATHY, W/O RAMALINGAKOUNDER, AGED 79, KATHIRVEL, ANNANTHOTTAM, MARAPPAKOUNDER PUTHUR XI, CHAMMANAMPATHY, MG PUTHUR P.O, POLLACHI TALUK, COIMBATORE DISTRICT - 642 103.

3 RATHINABHAGAVATHY, W/O K. THIRUMALA KOUNDER, AGED

73,RESIDING AT GANDHI ASRAMAM KALAM, GANDHI ASRAMAM VILLAGE, GANAPATHY PALAYAM P.O, POLLACHI TALUK, COIMBATORE DISTRICT - 642 103.

4 BALASUBRAHMANYAN, S/O CHELLAMUTHUKOUNDER, AGED 77 YEARS, RESIDING AT BLOCK 1/26, POOKULAM, POOKULAM P.O, UDUMALPETTA TALUK, THIRUPPUR DISTRICT - 642 154.

5 MUTHUKUMAR, S/O BALASUBRAMANIAN, AGED 55, RESIDING AT BLOCK 1/26,POOKULAM, POOKULAM P.O, UDUMALPETTA TALUK, THIRUPPUR DISTRICT -642154.

6 PRABHAKAR, S/O BALASUBRAHMANIAN, AGED 52, RESIDING AT 16/14, KURUNJI NAGAR, STATE BANK COLONY, UDUMALPETTA, THIRUPPUR DISTRICT - 642 126.

7 SELVAKUMAR, S/O VELUSWAMIKOUNDER, AGED 59, 3/65, NARASINGAPURAM, MANNUR P.O, POLLACHI TALUK, COIMBATORE DIST - 642 005.

8 PAZHANISWAMY, S/O BANGLAPONNUSWAMIKOUNDER, AGED 54, PERIYAPOTH POST, POLLACHI TALUK, COIMBATORE DIST - 642 103.

9 KIRTHIKA, D/O LATE SELVAKUMARASWAMY, AGED 31, CHAMMANNAMPATHY, UTHRABHAGAVATHI AMMAN KOVIL, THOTTAM, PUTHUR POST, MARAPPAKOUNDER, POLLACHI TALUK, COIMBATORE DIST – 642103.

BY ADVS.

RAJESH SIVARAMANKUTTY ARUL MURALIDHARAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

23.03.2022, THE COURT ON 06.04.2022 DELIVERED THE FOLLOWING:

“C.R”

A. BADHARUDEEN, J.

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O.P.(C) No.2322 of 2021 ================================

Dated this the 6^th day of April, 2022

JUDGMENT

Defendants 2, 10 and 12 in O.S.No.368/2014 on the file of the Munsiff Court, Chittur, have filed this Original Petition under Article 227 of the Constitution of India. The respondents herein are the plaintiff and other defendants.

2. The questions arise for consideration in this case are:

i) what is the court fee payable when a prayer for declaring that the purchase certificate obtained by the co-owner would enure to the benefit of all co-owners/legal-heirs?

(ii) what is the court fee payable for declaring a purchase certificate issued by the Land Tribunal as null and void, in a Suit for partition?

3. Heard both sides in detail.

4. Brief facts: O.S.No.368/2014 was filed by the plaintiff originally, seeking partition of the plaint schedule properties by metes and bounds. Thereafter the plaint got amended and 2 more prayers were incorporated. The prayers are `AA' and `AB'. But by way of amendment, for the reliefs `AA' and `AB', the subject matter is valued at Rs.1,000/- each and court fee to the tune of Rs.40/- each were paid under Section 25(d) of the Kerala Court Fees and Suit Valuation Act.

5. The learned Munsiff raised an additional issue to decide the question of valuation and court fee, on the basis of contention raised by the defendants in the Suit. Thereafter, the Munsiff found that the valuation and court fee paid are correct.

6. The petitioners herein assail the said order. It is argued by the learne