VidhiSangh

Supreme Court of India · 10/08/2017

J. VASANTHI & ORS. versus N. RAMAN! KANTHAMMAL (D) REP. BY LRS. & ORS.

[2017] 9 S.C.R. 625 · 2017 INSC 731

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An executant challenging sale deeds on allegations of fraud and seeking to nullify the transaction had to pay the court fee applicable to cancellation under Section 40 of the Tamil Nadu Court-Fees and Suits Valuation Act. Describing the relief as a declaration did not change its substance. The Court distinguished the applicable charging provision from a disputed factual valuation and allowed time to pay the requisite fee.

Issues

  1. Whether an executant could avoid cancellation court fee by seeking a declaration that sale deeds were void.
  2. Whether the applicable court-fee provision could be determined without evidence on valuation.

Provisions considered

Held

Result

Appeal allowed; trial court and High Court orders set aside. Plaintiff granted three months to pay the requisite court fee. No costs.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 625.