sale agreement is for 10 actors.In respect of 3 acrs sale deed executed. specific performance suit for 7 actors only plaintiff can pay court fee only in respect of 7 actors

Citation

CDJ 2014 MHC 585

D.Nagaraj vs A.Devaraj

Head note

Tamil Nadu Court Fee and Suits Valuation Act, 1955 – Valuation of Suit –Trial Court had decreed Plaintiff’s suit filed for relief of injunction and paid Court fee on the basis of said valuation – On appeal, Appellate Judge directed the revision petitioner to pay sum as balance amount of Court fee payable on appeal memorandum – Hence, the present revision

Court held – Appellate Court, while holding that valuation of subject matter of appeal was not correctly made, committed mistake in taking total sale consideration as found in the agreement for sale to be value of subject matter of appeal – correct approach shall be to deduct value found in sale deed executed in respect of first item from total consideration and take balance amount of sale consideration as representing value of second item for purpose of valuation of relief sought for in suit as well as relief sought for in appeal – order of Appellate judge is modified – Petition partly allowed.

(Para 13)

Case Referred:
R.S.Jhavar v. P.Thanikachala Gramani and others reported in 1966 MLJ Page 38

Comparative Citations:
2014 (1) MWN(Civil) 411, 2014 (1) LW 872, 2014 (2) CTC 256, 2014 AIR(Mad) 94, 2014 (3) MLJ 296,