Court Fee - whether on refund of advance money or on entire sale agreement consideration - Specific performance of contract - suppression of material facts(previous litigations on the property) - contract rescinded - suit filed for refund of money - court fee is to be paid on refund claimed amount but not on entire sale agreement consideration = 2015 CHENNAI(2013) MSKLAWREPORTS
it is clear that seeking relief of specific performance of the contract is different from seeking return of advance amount. It has been held that if a suit is filed without seeking specific performance of contract, but only for return of advance amount paid, subsequently, the plaint cannot be amended.
16. As per the pleadings of the plaint, the suit was filed by the petitioner / plaintiff, stating that the respondent / defendant had suppressed the pendency of various litigations, in respect of the property, which is the subject matter of the agreement for sale, hence, he rescind the contract and demanded the respondent for return of the advance amount.
At this stage, the Court below cannot go into the merits of the case for deciding the Court fees payable. The Court below has to consider the pleadings of the petitioner / plaintiff. As per the averments made by the petitioner / plaintiff, the respondent / defendant had suppressed the pending litigation, in respect of the property, for which contract was entered into between the parties. In order to avoid litigation with third parties, the petitioner / plaintiff rescind the contract and demanded the respondent for return of the advance amount. Hence, there is no relief of specific performance of the contract was sought for and therefore, the Court below cannot go into the value of the sale consideration of the agreement and the relief sought for by the petitioner / plaintiff is only for return of advance amount Rs.20,00,000/- paid by the petitioner / plaintiff with interest and costs and that has to be decided by the Court below in the suit.
- 2015 Chennai (2013) msklawreports