Section 40 - Tamilnadu Court fees Act, 1955 - Market Value

2011(3) CURRENT TAMILNADU CASES – Page 26

Tamilnadu Court Fees and Suits Valuation Act, 1955 (T.N. Act 14 of 1955), Section 40 – Expression “Value of Property” – Meaning of – Legislature in its wisdom used expression “Value” for purpose of payment of court-fee – Legislature did not due expression of “Market Value” – There are other provisions which deal with “Market Value” – Expression “Value” found in section 40 is value shown in document and not market value – Order of Trial court, directing payment of court-fee on basis of market value, in suit for partition and cancelation of earlier partition deed, not justified – Impugned order set-aside – Trial court to expeditiously dispose of suit – Civil revision petition allowed.