where plaintiff alleges title to the property is denied court fee to be paid on half of market value of the property or subject to a minimum under Section 27(a) Admission that title of plaintiff in respect of suit property is disputed by the respondent, the valuation under Section = 27(c) improper.

Citation 

2015-1-L.W. 933

IN THE HIGH COURT OF JUDICATURE AT MADRAS 17.12.2014/C.R.P (PD) No.709 of 2012 P.R.Shivakumar, J.

Subramani.       ...Petitioner

...vs ..

Panneer.          ...Respondent

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order in O.S.No.120 of 2009 dated 07.12.2010 on the file of the Additional Subordinate Judge, Tiruvannamalai, Tiruvannamalai District.

Tamil Nadu Court Fees and Suits Valuation Act (1955), Section 27(a), (c),

Constitution of India, Article 227.

Suit for injunction was valued at Section 27(c) Principal District Judge, Thiruvannamalai, at the time of inspection, found the valuation under Section 27(c) to be improper - A check slip was issued for ascertaining the market value of the suit property and to collect the deficit Court fee.

CRP was filed against order directing payment of deficit court fee.

held: where plaintiff alleges title to the property is denied court fee to be paid on half of market value of the property or subject to a minimum under Section 27(a) Admission that title of plaintiff in respect of suit property is disputed by the respondent, the valuation under Section = 27(c) improper.

If a case does not fall under Section 27(a), then only the same can be valued and court fee can be paid under Section 27(c) -