Plaintiffs eo-nominee parties to sale - plaintiffs should have valued under Section 40 - plaintiffs aware of sale, have not instituted suit within 3 years, barred by limitation.

Citation

2017-1-L.W. 523

2017(2) CTC 309

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 14.11.2016

Pronounced on : 23.11.2016

S.A.No.3 of 2011 and M.P.No.1 of 2011 T.Ravindran, J.

M.Panneerselvam ... Appellant

 Vs.

Susseela and others ... Respondents

Tamil Nadu Court Fees and Suits Valuation Act (1955), Sections 25(d), 40Limitation act (1963), Article 60challenge to sale deeds Relief of - declaration, injunction whether maintainable - court fee payable - what is suit without seeking for a prayer to set aside sale deed not sustainable-Plaintiffs eo-nominee parties to sale, relief of declaration, sought for, could not be taken as a prayer seeking for cancellation of sale - plaintiffs should have valued under Section 40 - plaintiffs aware of sale, have not instituted suit within 3 years, barred by limitation - Under valuation has caused prejudice, section 54 effect of, appellate court not adjudicating question of under valuation of suit in a proper manner.