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november 1979

Supreme Court of India · 1979-11-30

NEELAVATHI AND ORS. vs M. NATARAJAN AND ORS.

Citation / case number
SC 1979/62688
Court
Supreme Court of India
Petitioner
NEELAVATHI AND ORS.
Respondent
M. NATARAJAN AND ORS.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that in partition suits, the court fee must be determined based on the allegations in the plaint, specifically under Section 37(ii) of the Tamil Nadu Court Fees and Suit Valuation Act, rather than Section 37(i). The Court clarified that the plaintiffs' assertion of joint possession throughout the plaint was valid and should not be dismissed as mere formal statements. The High Court's decision to impose a higher court fee was overturned, and the plaintiffs were allowed to proceed with their suit without the additional fee requirement.

NEELAVATHI AND ORS. vs M. NATARAJAN AND ORS. · Niyam