J. VASANTHI & ORS. versus N. RAMAN! KANTHAMMAL (D) REP. BY LRS. & ORS.

J. VASANTHI & ORS. versus N. RAMAN! KANTHAMMAL (D) REP. BY LRS. & ORS.

When the plaintiff, being a party to the sale deeds, seeks to get rid of the sale deeds, the relief amounts to cancellation of the documents, and thus, court fee is payable under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955, regardless of the form in which the prayer is couched as a declaration.

Parties
Appellants: J. Vasanthi & Ors.; Respondents: N. Ramani Kanthammal (D) Rep. by Lrs. & Ors.
Jurisdiction
India
Judgment Date
10 August 2017
Procedural Posture
Civil Appeal / Appeal From Judgment and Final Order Dated 16.03.2016 of the High Court of Judicature at Madras, Bench at Madurai in C.r.p. (md) No.847 of 2015 (pd)
Outcome
Appeal allowed
Legal Topics
Suit Valuation, Payment of Court Fees, Cancellation of Sale Deeds, Declaratory Relief
Civil Procedure Court Fees Property Law Suit Valuation Payment of Court Fees Cancellation of Sale Deeds Declaratory Relief

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Parties

J. Vasanthi & Ors.

Appellants

N. Ramani Kanthammal (D) Rep. by Lrs. & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Final Order Dated 16.03.2016 of the High Court of Judicature at Madras, Bench at Madurai in C.r.p. (md) No.847 of 2015 (pd)

Legal Issues

  1. 1 Whether court fee is payable under Section 40 or Section 25(d) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955 in a suit seeking declaration that sale deeds are null and void and for permanent injunction
  2. 2 Whether the relief sought amounts to cancellation of sale deed or mere declaration of invalidity

Ratio Decidendi

When the plaintiff, being a party to the sale deeds, seeks to get rid of the sale deeds, the relief amounts to cancellation of the documents, and thus, court fee is payable under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955, regardless of the form in which the prayer is couched as a declaration.

Court Disposition

Appeal allowed

Orders

  • Impugned orders passed by the trial court and High Court set aside
  • Trial court directed to grant three months time to plaintiff to pay requisite court fee