KINNY KAPUR Vs. GUNVEER KAPUR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The payment of court fee is in issue in the appeal. The Division Bench of the High Court has ordered that the plaintiffs had themselves assessed the valuation of the suit property at Rs. 45 Lakhs (Rupees Forty Five Lakhs only) and therefore they are under legal obligation to pay ad-valorem court fee on that amount. Hence, the plaintiffs are in appeal before us.

(3.) The bare perusal of the plaint indicates that the plaintiff severally and jointly claimed 2/9th share in the suit property. As apparent from the averments made in the plaint, they have also assessed the value of their share in the suit property at sum of Rs. 10 lakhs (Rupees Ten Lakhs only), the value of the 2/9th share of the plaintiffs. Thus value of entire property comes to Rs. 45 lakhs.