It cannot be said respondent is in joint possession i.e. deemed possession alongwith petitioner she has to pay ad-valorem court fee on the market value as per section 37 (1) - to ascertain market value of the property, court has power to appoint advocate commissioner.

Citation

2017-5-L.W. 188

2017(3) MWN (civil) 726

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 21.08.2017 C.R.P. PD No.3686 of 2016 and C.M.P.No.18699 of 2016

Judgment reserved on : 18.07.2017 Judgment pronounced on : 21.08.2017 V.M.Velumani, J.

S.N.Balapattabi.                  ... Petitioner

Vs

Mrs.Balanagalakshmi.        ...Respondent

Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair order and decreetal order dated 26.09.2016 in I.A.No.250 of 2015 in O.S.No.2 of 2007 on the file of the III Additional District & Sessions Judge at Gobichettipalayam.

Tamil Nadu Court Fees and Suits Valuation Act, Sections 12 (2), 19, 37, Rejection of plaint - scope

C.P.C., Order 7 rule 11 (b), Rejection of plaint - scope

Partition, Rejection of plaint - scope

Respondent claiming share in some of the properties by succession and on separate possession Court fee payable - what is Para 15

It cannot be said respondent is in joint possession i.e. deemed possession alongwith petitioner she has to pay ad-valorem court fee on the market value as per section 37 (1) Para 16

Learned Judge failed to consider Section 12 (2) - To ascertain the correct market value of the property, the court has power under section 19 of the Court fees act and Order 26 rule 9

Para 17