HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2874 OF 2010 Dt.30.7.2010 Between: G.R.Ramachandran and another ..Petitioners And N.Chinna Raj and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2874 OF 2010 ORDER: This civil revision petition is filed against the order, dated 7.2.2007 passed in an unnumbered O.S. (G.L.No.5712 of 2006) on the file of the District Judge, Chittoor. It is stated that the petitioners filed the said suit for specific performance of the agreement of sale dated 12.6.2004 against the defendants therein seeking the relief to enforce the said agreement in respect of the plaint schedule property. The plaint schedule property is an extent of Ac.1.00 and out of which Ac.0.33 1/3 cents is to be excluded. It is stated that the defendants have offered to sell the said extent of land in Sy.No.407/1 for a total consideration of Rs.25,50,000/- on 12.6.2004 and received a sum of Rs.1,00,000/- towards advance sale consideration and the balance sale consideration is to be received on or before 11.6.2005. But, though the plaintiffs were ready and willing to pay the balance of sale consideration, the defendants were not ready to perform their part of the contract by executing the sale deed. It is stated that the 2nd plaintiff purchased 1/3rd share of the 1st defendant to an extent of Ac.0.33 1/3 cents under a registered sale deed executed in favour of the 2nd plaintiff. Therefore, the said suit is filed for specific performance of the agreement in so far as 2/3rd share of defendants 2 and 3 alone. Accordingly, the valuation particulars were shown mentioning the total value of the sale agreement after deducting 1/3rd value of the sale, which was already purchased by the 2nd plaintiff from the 1st defendant. The court fee paid on the 2/3rd value of the suit agreement i.e., Rs.17,00,000/- amounting to Rs.19,426/-. The said plaint was returned on the ground that the plaintiffs have to pay the court fee on the entire agreement of sale, but not on the 2/3rd value of the suit agreement. Aggrieved by the same, this civil revision petition is filed. Having regard to the facts and circumstances of the case, I am of the opinion that the petitioners are not seeking relief in respect of the entire extent of property mentioned in the agreement, but they would like to enforce in respect of 2/3rd portion of the said land alone from defendants 2 and 3. Therefore, it cannot be said that the suit value is for the total value of the agreement. Therefore, I am of the opinion that the petitioners correctly valued the suit in respect of 2/3rd share on the schedule property, which is sought to be enforced. I am of the opinion that the office objection therefore was erroneously sustained by the learned District Judge holding that the suit has to be valued on total consideration mentioned in the agreement of sale. The said order is accordingly set aside permitting the petitioners to pay the court fee on 2/3rd portion in respect of the land covered under the suit agreement by resubmitting the plaint. The civil revision petition is allowed accordingly. _________________ V.ESWARAIAH, J. 30.7.2010 kpr