NEELAVATHI AND ORS. versus M. NATARAJAN AND ORS.

NEELAVATHI AND ORS. versus M. NATARAJAN AND ORS.

Where plaintiffs as co-owners allege joint possession in a partition suit, court fee is payable under section 37(ii) of the Tamil Nadu Court Fees and Suits Valuation Act, not section 37(i), unless the plaint contains a clear averment of exclusion from possession.

Parties
Appellants/plaintiffs: Neelavathi and Others; Respondents/defendants: M. Natarajan and Others
Jurisdiction
India
Judgment Date
30 November 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Partition, Joint Possession, Court Fee Assessment
Civil Law Family Law Court Fees Partition Joint Possession Court Fee Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Neelavathi and Others

Appellants/plaintiffs

M. Natarajan and Others

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the correct court fee for the suit seeking partition and separate possession by plaintiffs claiming joint possession is payable under section 37(ii) or 37(i) of the Tamil Nadu Court Fees and Suits Valuation Act

Ratio Decidendi

Where plaintiffs as co-owners allege joint possession in a partition suit, court fee is payable under section 37(ii) of the Tamil Nadu Court Fees and Suits Valuation Act, not section 37(i), unless the plaint contains a clear averment of exclusion from possession.

Court Disposition

Appeal allowed

Orders

  • The preliminary decree for partition and possession of 1/72 share in B Schedule properties, deposits at State Bank of India at Pollachi, and share in Gnanambika Mills is confirmed.
  • Direction by the Trial Court for payment of court fee under section 37(1) of the Act is set aside.