Partition Suit – Valuation for purpose of jurisdiction and Court-fee is share of Plaintiff and not entire value of property

Partition Suit – Valuation for purpose of jurisdiction and Court-fee is share of Plaintiff and not entire value of property

Tamil Nadu Civil Courts Act, 1873 (T.N. Act 3 of 1873), Section 12 – Tamil Nadu Court Fees and Suits 

Valuation Act, 1955 (T.N. Act 14 of 1955), Section 37(1) – Court-fee – Partition Suit – Valuation for purpose of 

jurisdiction and Court-fee is share of Plaintiff and not entire value of property – Claim of 1.76 lakhs in Family 

property – Entire value of suit property amounting to 10.6 lakhs – Application to transfer Suit to Sub-Court 

rejected by District judge – Held, by virtue of Section 12 of 1873 Act, Sub-Court has jurisdiction to try Suit to value 

of 10,00,000/- - Reliance on valuation of entire property instead of District Judge directed to transfer Suit to Sub-
Court for further proceedings.1

2013(2)CTC288, 2013-1-LW975

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)

C.R.P.PD. (MD) No. 239 of 2013 and M.P. (MD) No. 1 of 2013

Decided On: 05.02.2013

Appellants: G. Lokanayaki
Vs.
Respondent: Venkatraj & Others

Hon'ble Judges/Coram:D. Hariparanthaman, J.