Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Partition suit - Where plaintiff claims to be in possession of suit property, no ad valorem Court fee is required to be affixed, as every co-sharer is by legal fiction deemed to be owner in possession of every part of property...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - If the no, executant/plaintiff of a document transferring the rights in property seeks declaration and is not in possession, he is liable to pay ad valorem Court fee - But at the same time if the said no, executant is seeking possession by way of partition of said property to the extent of his share, he is..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for partition - Plaintiff not in actual or construction possession - Court fee payable is ad valorem on market value of share of plaintiff in suit property and not on market value of entire suit property - Plaintiff cannot be directed to approach revenue authorities to determine the market value of suit property as..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation - Plaint drafted to look as if relief of declaration is claimed whereas in fact relief claimed for cancellation of decree and sale deed - In the absence of cancellation of decree and sale deed the relief claimed for possession by way of partition cannot be granted - Plaintiff liable to pay ad valorem court..........
