O R D E R

This Civil Revision Petition has been filed by the petitioners seeking to set aside the fair and decretal order dated 15.09.2017 made in I.A.No.16686 of 2015 in O.S.No.3283 of 2015 on the file of I Assistant Judge City Civil Court, Chennai.

2. The petitioners are the defendants and the respondent is the plaintiff in the original suit.

3. The case of the petitioners is that the respondent/plaintiff filed the suit in O.S. No.3283 of 2015 on the file of the 1st Assistant Judge, City Civil Court, Chennai, seeking for relief of declaration of sale deed as null and void and permanent injunction against the defendants/petitioners herein. During the pendency of the suit, after receipt of the notice, the defendants/petitioners herein have filed I.A. No.16686 of 2015 in O.S. No.3283 of 2015 under Order VII Rule 11(b) and (d) of C.P.C. seeking to reject the plaint filed in O.S. No.3283 of 2015 on the ground of pecuniary jurisdiction under Section 12(2) of the Tamilnadu Court Fees and Suit Valuation Act while the market value of the suit properties as per the document which comes near two crores, the plaintiff/1st respondent herein has not paid proper Court fee and filed the aforesaid suit before the Trail Court underestimating the value of the suit properties. The Trial Court having considered the submissions of the learned counsel for both parties, dismissed the same by order 15.09.2017 holding that there is a mixed question of law and it can be decided only by conducting Trial. Being aggrieved by the aforesaid dismissal order, the defendants/petitioners herein have filed the present Civil Revision Petition to set aside the same.

4.The learned counsel for the petitioners would submit that the suit property as per the two separate Sale Deeds dated 18.02.2015 which has been challenged in the suit, is registered for the total value of Rs.1,98,82,500/- (Rupees One Crore Ninety Eight Lakhs Eighty Two Thousand and Five Hundred Only) and therefore, the Trial Court has no pecuniary jurisdiction to try the suit and according to the value of the property, the suit has to be filed only before the Hon'ble High Court which has pecuniary jurisdiction over the same. Further, the plaintiff/respondent herein is a party to the transaction and document and therefore, he cannot file the suit for declaration under Section 25(d) of Tamil Nadu Court Fee and Suit Valuation Act without paying the Court Fee under Section 25(b) of the Act and fee shall be computed on one half of the market value of the property. However, without considering the value of the property, the Trial Judge dismissed the application in I.A. No.16686 of 2015 on the ground of determination of Court fee under Section 12(2) of the Tamil Nadu Court Fees and Suit Valuation Act or under Order 7 Rule 11(b) CPC is a mixed question of law which is an erroneous conclusion and the order passed on the above ground is liable to be set aside.

5. It has been further submitted that the Trial Court has erroneously dismissed the application without taking note of the fact that the plaintiff has filed the aforesaid suit seeking for declaration of sale deeds as null and void executed by the 1st petitioner in favour of their family members based on the General power of Attorney executed by the plaintiff/respondent herein. While being so, the plaintiff/respondent herein has to pay Court Fee as per the valuation of the Sale Deeds which has been registered for a sum of Rs.1,98,82,500/- (Rupees One Crore Ninety Eight Lakhs Eighty Two Thousand and Five Hundred Only). The same has been challenged by the plaintiff against the defendants. However, the plaintiff filed the aforesaid suit under Section 25(d) of Tamil Nadu Court Fee and Suit Valuation Act without paying the Court Fee under Section 25(b) of the Act. As per the valuation of the Suit, the Trial Court cannot entertain the said suit and the suit has to be filed before this Hon'ble Court. Hence, the determination of issue of valuation is mixed question