10.The controversy appears to be with reference to the classification of the lands and the documents provided by the parties. The land is described as the Natham land. However, when showing the extent, it has been described as Punja land. If the property is treated as Punja land, then the court fee paid would be adequate. However, if the property in question is a house site, then its market value has to be taken into account. If the market value of the property exceeds the pecuniary jurisdiction of the District Munsif Court, Ramanathapuram, then the suit has to be returned and presented before the Court having proper jurisdiction, since any judgment, passed by a Court not having jurisdiction, is a nullity. A reading of Section 7 of the Act, as it existed prior to the amendment, would show that in case the property is a house site, the market value is to be considered whereas, if it is an agricultural land, then the value of the property can be calculated 30 times the kisth paid. Therefore, this Civil Revision Petition is allowed and the order dated 05.02.2019 passed by the learned District Munsif, Ramanathapuram, is set aside and the matter is remitted back to the learned District Munsif, Ramanathapuram to consider the issue regarding the classification/nature of the land in question. Once the classification is determined, the value on the basis of its classification has to be arrived at and if it is found that the value exceeds the jurisdiction of the District Munsif Court, Ramanathapuram, then the learned Judge shall return the plaint to the respondents/plaintiffs with a direction that the same to be presented before the Court having jurisdiction giving an opportunity to the plaintiffs to pay requisite court fee. The said exercise shall be completed within a period of one month from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
