Suit for Declaration of Sale Deeds as null and void - Court-fee under Section 40 to be computed on value stated in document sought to be cancelled

Citation

2021 (3) MWN (Civil) 18 (Mad)

IN THE HIGH COURT OF MADRAS

P. Rajamanickam, J.

C.R.P. (PD) No.4502 of 2015 & M.P. No. 1 of 2015.

February 17, 2021

S. Gowsick; S. Punitha; Hariharamoorthy; S. Sivaprakash; S. Murugaiyam     ...Appellant

...VS...

K.P. Venkatachalam; Prabhavathi; Anand; T. Senthil; Samuvel Jasuva           ...Respondents

TAMIL NADU COURT FEES AND SUITS VALUATION ACT, 1955 (T.N. Act 14 of 1955), Section 12(2) Suit for Declaration of Sale Deeds as null and void Suit under Section 40, though Suit was one for declaration Claim of Plaintiff that Court fee to be computed on market value of property, untenable Plaintiff/Respondent valued Held, Plaintiffs intended to get relief of cancellation thus valued Suit under Section 40-Court-fee under Section 40 to be computed on value stated in document sought to be cancelled Plaintiff bound to file Court-fee under Section 40 on value stipulated in Sale Deeds Order of Trial Court dismissing Application filed by Defendant under Section 12 for determination of sufficiency Court fee set aside Civil Revision Petition allowed. [Paras 11, 13, 14, 18 & 20]