JAGANNATH AMIN versus SEETHARAMA (DEAD) BY LRS. AND ORS.

JAGANNATH AMIN versus SEETHARAMA (DEAD) BY LRS. AND ORS.

Court fee for partition suits involving co-owners is payable under section 35(2) of the Karnataka Court Fee and Suit Valuation Act unless the plaint contains a clear and specific averment of exclusion from possession; absent such averment, law presumes joint possession and section 35(1) does not apply.

Parties
Appellant: JAGANNATH AMIN; Respondents: SEETHARAMA (DEAD) BY LRS. AND ORS.
Jurisdiction
India
Judgment Date
09 November 2006
Procedural Posture
Civil Appeal / On Appeal From Order of High Court Dismissing Revision Against Trial Court
Outcome
Appeal allowed; order of High Court set aside.
Legal Topics
Partition Suits, Court Fee Computation, Constructive Possession
Civil Procedure Court Fees Partition Suits Court Fee Computation Constructive Possession

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Parties

JAGANNATH AMIN

Appellant

SEETHARAMA (DEAD) BY LRS. AND ORS.

Respondents

Procedural Posture

Civil Appeal / On Appeal From Order of High Court Dismissing Revision Against Trial Court

Legal Issues

  1. 1 Whether court fee in a partition suit should be calculated under section 35(1) or 35(2) of the Karnataka Court Fee and Suit Valuation Act, 1958, depending on whether the plaintiff is excluded from possession

Ratio Decidendi

Court fee for partition suits involving co-owners is payable under section 35(2) of the Karnataka Court Fee and Suit Valuation Act unless the plaint contains a clear and specific averment of exclusion from possession; absent such averment, law presumes joint possession and section 35(1) does not apply.

Court Disposition

Appeal allowed; order of High Court set aside.

Orders

  • Order of High Court is set aside; appeal allowed; no order as to costs.