Goldpet Polymers Limited v. Kumaresh Narendra
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP. No. 3300 of 2023 M/s Goldpet Polymers Limited, Rep.by its Managing Director, Mr.R.kandan
...Petitioner/Petitioner/7th Defendant
Vs 1 KUMARESH NARENDRA No.141/3 GEO Colony Jagir Ammapalayam Salem 636 302 ..1st Respondent/1st Respondent/Plaintiff 2 G.D.Narendra alias Narendira KullamaNayakkar 12/3 Thondiamakkan 3rd stree Ice House Chennai 600 005 3 Vummidiars Agencies Rep by its Partner V.Sundhakar Prem flats New No.1/1 Arundale Beach Road Besant Nagar Chennai 600090 4 R.Srinivasan S/o late T.C.Ramachandra Naidu Door No.14 Block No.19 Anna Nagar West Chennai 600 101 5 G.Ravindran
S/o late P.Govindaswami No.7 Brahadambal street Nungambakkam Chennai 600 034 6 Valli Enterprises Rep by its managing partner G.Chiitbabu No.
405/164 Konnur High Road Ayanavaram Chennai 600023 7 ValuenowInfotech Limited Rep by its Director P.Swaminathan No.23 Venkatesh Agraharam Mylapore Chennai 600004 8 Asia Sales Agencies Old No.809 New No.120 Anna Salai Chennai 600 002 9 Harrison Book Center Old No.809 New No.120 Anna Salai Chennai 600 002 10 The Double Bull Wagon Old No.809 New No.120 Anna Salai Chennai 600 002 11 Big Apple Old No.809 New No.121 Anna Salai Chennai 600 002 12 Sarvanmangal Old No.809 New No.121 Anna Salai Chennai 600 002 13 New Crockery World Old No.809 New No.121 Anna Salai Chennai 600 002 14 Creative Books
Old No.809 New No.121 Anna Salai Chennai 600 002 15 Oceanic Appearls Pvt ltd Old No.810 New No.121 Anna Salai Chennai 600 002 16 National House of Glasses Old No.809 New No.121 Anna Salai Chennai 600 002 17 Suren Enterprises Old No.809 New No.121 Anna Salai Chennai 600 002 18 M.Mahendra Kumar Old No.809 New No.121 Anna Salai Chennai 600 002 19 Alan Medical and Laboratory Products Old No.809 New No.121 Anna Salai Chennai 600 002 20 Cambridge Old No.809 New No.121 Anna Salai Chennai 600 002 21 Hotel Nirmala Old No.809 New No.121 Anna Salai Chennai 600 002 22 P.Venugopal Reddy Bunk Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 23 Quick Eats Ground floor GoldpetCenter Old No.811 New
No.122 Anna Salai Chennai 600 002 24 Techinfo Solutions Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 25 New Fire Guard Markets (Pvt) Ltd Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 26 Savitha Enterprises Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 27 Kamal Traders Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 28 Tirupati Traders Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 29 Majestic and Co Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 30 Ezhil Enterprises Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 31 Graphic Technologies Sign Pa rk (Pvt) Ltd Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 32 Hamsaveni Software (Pvt) Ltd Ground floor GoldpetCenter Old No.811 New
No.122 Anna Salai Chennai 600 002 33 Hamsavenilmpex (Pvt) ltd Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 34 Hamsaveni Travels (Pvt) ltd Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 35 Loom World Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 36 S.Ibrahim and Co Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 37 London Stores Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 38 Karnataka Silk Industries Co rporation ltd Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 39 Jai Travels Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 40 Jai Enterprises Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 41 S.S.Traders Ground floor GoldpetCenter Old No.811 New
No.122 Anna Salai Chennai 600 002 42 RMH Corporation Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 43 Hotel NirmalaDakshin Ground floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 44 P.Kishore Kumar first floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 45 HBN Dairies and Allied Ltd First floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 46 Hotel Nirmala Dakshin Second floor GoldpetCenter Old No.811 New No.122 Anna Salai Chennai 600 002 47 Archana Sweets Old No.812 New No.123 Anna Salai Chennai 600 002 48 Archana Electronics Old No.812 New No.123 Anna Salai Chennai 600 002 49 K.Sriranjani w/o Narashimalu No.3 First Cross Street Olympic Colony Mogappair West End Chennai 600 037 50 Dr.VivekMady s/o late S.Krishnasamy No.866 P.H.Road
Chennai 600010.
...Respondents
PRAYER : This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 02.08.2023, passed by the learned IIIrd Additional City Civil Court, Chennai in I.A No. 17 of 2023 in O.S No. 683 of 2011. For Petitioner : Mr.P.H.Manoj Pandian for M.L.Sripathi For R1 : Mr. R.Thiagarajan For R2 : No such person For R3, R4, R49: Service awaited For R39 : Mr.P.Sivamani For R42 : Mr.Avinash Wadhwani For R36 : Mr. N. Imthias For R8, R19, R50: Mr.K.P.Ashok For R5, R9, R10, R12, R13 to R16, R20 to R22 R28, R31, R37, R43,R44 & R46 : Not Appeared R27, R40, R41, R47 &R48 : Door locked R9, R11, R17, R18, R23 to R26 R29, R30, R32 to R35, R38 & R45 : vacated
ORDER
This petition has been filed to set aside the fair and decreetal order dated 02.08.2023, passed by the learned IIIrd Additional City Civil Court, Chennai in I.A No. 17 of 2023 in O.S No. 683 of 2011.
2. The first respondent herein (then minor represented by his mother) filed the suit in O.S No. 683 of 2011 on the file of the III Additional City Civil Court, Chennai, to declare the lease deed and sale deed dated 18.05.1981 executed by his father/first defendant in favour of other defendants as null and void and for other consequential relief in respect of the suit property with an extent of two ground 2190 square feet with door number 122, 123 at Anna Salai, Chennai against fifty defendants in which the first defendant is father of the minor plaintiff, 2 to 50 defendants are purchasers of the suit property and some of the defendants contested the suit by filing written statement, during pendency of the suit the seventh defendant/petitioner herein filed a petition under Order 7 Rule 2 and under Section 151 of CPC to direct the plaintiff to pay Court fee in terms of Section 25-B of Court fee Act failing which prayed to reject the plaint.
3. The contention of the petitioner is that the plaintiff has paid the court fee under Section 25-D of Court fee Act to the tune of Rs.18,545/- by valuing the property as Rs.15,02,000/- as such is incorrect and correct value of the property has not been submitted by the plaintiff, so also, the plaintiff should have paid the court fee under Section 25-B of Court fee Act for the reason that the plaintiff prayed to declare 58 sale deeds dated 18.05.1981 executed by his father in favour of one Srinivasan as null and void and the correct value of the property was fifteen crores but the total extent of the property is 29 grounds 64 square feet and market value of the property cost more than 70 crores and on deducting half of the market value it cost around two crores sixty six thousand but the plaintiff under valued the suit property filed the suit. Hence, they prayed to reject the plaint.
4. By submitting counter objection, the plaintiff contended that the seventh defendant filed the said objection belatedly after 12 years from the date of the suit. Further, the suit property is correctly valued as purchaser/third party petitioner has no locus standi to challenge the court fee paid by the plaintiff as incorrect.
5. Considering the submissions on either side, the Trial court held
that the suit is filed not for declaration and recovery of possession or for declaration and consequential relief of permanent injunction. Therefore, the valuation of the suit under Section 25 (d) of TNCF and SV Act is proper and the payment of Court fee under Section 25(d) of the Act is also proper on the date of the filing of the suit. Accordingly, dismissed the said application. Aggrieved over the same, the petitioner filed this Civil Revision Petition.
6. The learned counsel for the petitioner submits that the learned judge was erred in dismissing the application without appreciating the legal proposition. Further, he argued that application under Order 7 Rule 2 of CPC can be filed any time. Accordingly, the petitioner filed the application to direct the plaintiff to pay court fee of Rs.2,66,04,536/-, but the Trial Judge without analysing the proper value of the property erroneously dismissed the application. Hence, he prays to allow this petition.
7. By way of reply the learned counsel for the respondents submits that as per life interest given to the plaintiff's father, on the date of filing of suit, minor has no right over the suit property. Therefore, he paid the Court fee under Section 25-d of Court Fee Act as such is valid and the same was rightly observed by the Trial Court which needs no interference. Hence, he
prays to dismiss this petition.
8. Considering the submissions on either side and also on perusal of records, it reveals that the suit was filed by the plaintiff to declare the lease deed and sale deeds as null and void and at the time of filing the suit he was minor he was represented by his grand mother. In the year of 2011 he attained majority and contested the suit independently. As per the plaint averment life interest was given to his father/first defendant by the grand father of the plaintiff but he sold the property and entered lease agreement with other defendants as such is void and does not bind the plaintiff, thus he prayed to declare the deeds as null and void. But seeing the prayer the plaintiff approached the Court to declare 58 sale deeds as null and void and also prayed for declaration.
But, contrary to the pleadings in the suit he claimed declaratory relief in the prayer as such is clearly denotes that the plaintiff claiming himself as absolute owner of the suit property but the defence on the side of the plaintiff is that on the date of filing it is only a intangible right, only after the lifetime of the first defendant, the plaintiff is entitled to seek for declaration. So the prayer as well as pleadings are contrary to each other in its entirety.
and void. However, he has stated that the property is incapable of valuation so by invoking 25- D of Court fee Act he paid Court fee. But the contention of the defendant is that property can be capable of valuation so the plaintiff's should have paid Court under Section 25-b of Court fee Act. Section 25- b of Court fee Act speaks as follows:
25. Suits for declaration In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26 -- (b) where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on1 [rupees one thousand], whichever is higher;
9. Further, the suit property is situated at Anna Salai, Chennai, so it is capable to value the property under Section 25-b of Court Fee Act, hence the plaintiff is liable to pay one half of the market value of the suit property i.e., Rs,2,66,04,536/- as Court fee. But the Trial Court failed to appreciate the above facts. Hence, the order passed by the Trial Court is set aside. Further, when the matter was taken up the plaintiff's counsel submits that they are not able to pay such court fee which clearly implies that they are not inclined
to pay the Court fee. Therefore, the suit filed by the plaintiff is ordered to be rejected.
10. In the result, this Civil Revision Petition is allowed. No Costs. Consequentially, connected miscellaneous petition is closed. 16.
22.01.2023 pbl TO The X Assistant City Civil Court, Chennai.
T.V.THAMILSELVI,J.
Pbl 22.11.2023