2013 (6) TMI 916 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the sale consideration and its determination during trial.
2. Correctness of the valuation of the suit and payment of court-fee under Tamil Nadu Court-fees and Suits Valuation Act, 1955.
3. Effect of the death of one of the principals on the Power of Attorney and subsequent sale deed execution.

Summary:

Issue 1: Validity of Sale Consideration
The learned I Additional District Munsif, Coimbatore, observed that the question of whether the sale consideration is genuine or fraudulent can only be determined during the trial through evidence. The court opined that the averments made by the Petitioners/Defendants could be used as a defense during the trial, leading to the dismissal of the petition without costs.

Issue 2: Valuation of the Suit and Payment of Court-fee
The Petitioners/Defendants challenged the dismissal of their application for the rejection of the Plaint, arguing that the Trial Court did not address the requirements of Section 40 and Section 25(d) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955. The Petitioners/Defendants contended that the Respondents/Plaintiffs should pay the court-fee based on the sale value under Section 40, not under Sections 25(d) & 29(c) as they had done. The Respondents/Plaintiffs argued that they were not parties to the sale deed and thus correctly valued the suit under Section 25(d).

Issue 3: Effect of Death on Power of Attorney
The Respondents/Plaintiffs claimed that the Power of Attorney lapsed upon the death of one of the principals, Veerasamy, making the subsequent sale deed executed by the 1st Petitioner/1st Defendant in favor of the 2nd Petitioner/2nd Defendant fraudulent and not binding. The Petitioners/Defendants argued that the Power of Attorney remained operative for the surviving principals, making the sale deed valid.

Court's Final Decision:
The Court upheld the Trial Court's decision, confirming that the issues raised, including the adequacy of the court-fee, should be addressed during the trial. The Civil Revision Petition was dismissed, and the Trial Court was directed to dispose of the main suit within four months, ensuring the cooperation of the parties.