Court Fees Act, 1870, Section 7 -- Ad valorem Court fees - Partition suit - Plaintiff continues to be joint owner of suit properties - There is no averment in plaint to suggest ouster or exclusion - Since plaintiff is in constructive possession of suit properties, therefore, she is not entitled to pay ad valorem Court fee...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad voleram Court fee - Suit for declaration of partition deed to be null and void - Partition deed in question is registered document and plaintiff is party to the said deed - Plaintiff held, required to pay and affix ad voleram Court fee u/s 7(iv)(c) of Act...........
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)(b), Article 17(6) - - Court fees - Partition suit by one of the co-owners - For the purpose of assessment of court fee, pleadings in the suit have to be seen - Possession of joint property by one co-owner, is in the eyes of law, possession of all even if but one are in actual physical possession - Every co-sharer is deemed to be in..........
Partition suit -- Court fee - Simple suit for partition by metes and bounds - Court fees is payable to extent of share claimed, and not on basis of valuation of entire property...........
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)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
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, Article 17(vi) -- Partition suit - Joint possession - Payment of Court fee - Sufficient averment in plaint regarding plaintiff's joint possession - Held, Court fee ought to have been only on fixed basis in manner contemplated u/Art.17(vi) of Court Fee Act...........
Civil Procedure Code, 1908, Section 96, 2(2), 151, Court Fees Act, 1870, Section 7(iv)(b) -- Deficient court fee - Partition suit - Trial court directed that before preliminary decree is drawn, plaintiff shall make good deficiency in court fee - Deficit court fee was not paid - Appeal filed against aforesaid order - Maintainability - Held, legally no decree was in..........
