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.