Mr.L.K.Sridhar v. S.Ravichandran And 7 Others

Reserved on : 15.04.2021 Pronounced on : 16.07.2021 A.Nos.3275 and 3276 of 2020 in C.S.No.657 of 2012 N.SESHASAYEE, J., The plaintiff has laid a suit inter alia for declaring his absolute right over the suit property. It was valued at Rs.1,00,00,000/- and a court fee of Rs.1,03,525/- was paid on it.

2.Based on the allegation in the written statement, the plaintiff now states that he has valued the property at Rs.950 per sq. ft. and has valued the property at Rs.2,17,74,000/- and if so valued, he has to pay the deficit Court fee of Rs.1,17,740/-. He now seeks to amend the valuation in the plaint Vide his application no.3275 of 2020 and the leave of the Court to pay the deficit Court fee Vide application no.3276 of 2020. The fourth defendant has filed his counter, that in view of Act 45 of 2018, this Court does not have pecuniary jurisdiction to decide the case.

3.Heard both sides.

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4.Admittedly, the suit is now valued at Rs.2,17,74,000/- which too is based on the objection taken by the defendants in the written statement, which fact is not disputed. Given the current value, the suit necessarily has to be in this Court.

5.In the result, this Court allows both these applications subject to the applicant/plaintiff paying the deficit Court fee as ordered in A.No.3276 of 2020, within a period of four (4) weeks from the date of receipt of a copy of this order.

16.07.2021 Tsg 2/3

N.SESHASAYEE, J., Tsg A.Nos.3275 and 3276 of 2020 in C.S.No.657 of 2012 16.07.2021 3/3