ORDER

The petitioner has proposed to file a suit before the District Munsif Court, Eraniel, Kanyakumari District, for declaring a settlement deed executed by the first defendant in favour of the second defendant as null and void and also for a permanent injunction. The petitioner has also paid the Court fee u/s.25(d) of the Tamil Nadu Court Fees and Suit Valuation Act. But the trial Court returned the plaint for payment of Court fee as per the decision in J.Vasanthi v. N.Ramani Kanthammal [2017 (11) SCC 852]. Aggrieved over such return, the petitioner has moved the present revision petition.

2.According to the petitioner, the first respondent is his mother and the second respondent is his younger brother. The suit schedule property originally belonged to his father, Thangaswamy. The said Thangaswamy executed a settlement deed in respect of the suit property in favour of his wife / the first respondent herein. The petitioner, the first respondent and the said Thangaswamy have jointly decided to construct a residential house in the suit property, with an arrangement to hand over the ground floor to the second respondent and the first floor to the petitioner. Accordingly, they have inv