LAKSHMI AMMAL versus MADHA VAKRISHNAN (K. N.) AND ORS.

LAKSHMI AMMAL versus MADHA VAKRISHNAN (K. N.) AND ORS.

Plaintiff having alleged joint possession and seeking partition and separate possession of her half share as heir, correct court fee is as claimed under sec. 37(2) of the Madras Court Fees and Suits Valuation Act, corresponding to Art. 17-D of the Central Act.

Source-derived case information.

Parties
Appellant: Lakshmi Ammal; Respondent: Madha Vakrishnan (K. N.); Appellant: A. T. M. Sampath; Appellant: S. Gopalakrishnan; Appellant: A. N. Ramjani; Respondent: K. A. Bala Subramaniam; Respondent: K. Ram Kumar
Jurisdiction
India
Judgment Date
07 August 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madras High Court CRP No. 2084/76
Outcome
Appeal allowed
Legal Topics
Court Fee on Partition Suits, Duty of Court Regarding Court Fee, Interpretation of Court Fee Statutes
Civil Procedure Court Fees Court Fee on Partition Suits Duty of Court Regarding Court Fee Interpretation of Court Fee Statutes

Source-derived case record

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Parties

Lakshmi Ammal

Appellant

Madha Vakrishnan (K. N.)

Respondent

A. T. M. Sampath

Appellant

S. Gopalakrishnan

Appellant

A. N. Ramjani

Appellant

K. A. Bala Subramaniam

Respondent

K. Ram Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Madras High Court CRP No. 2084/76

Legal Issues

  1. 1 Correct court fee payable for partition suit where plaintiff claims joint possession and seeks partition
  2. 2 Duty of Court regarding the determination of court fee

Ratio Decidendi

Plaintiff having alleged joint possession and seeking partition and separate possession of her half share as heir, correct court fee is as claimed under sec. 37(2) of the Madras Court Fees and Suits Valuation Act, corresponding to Art. 17-D of the Central Act.

Court Disposition

Appeal allowed

Orders

  • Case sent back to the trial court to proceed expeditiously with the suit.
  • Decision on court fee does not affect validity of the Will.