R. APPAJAPPA Vs. A. RANGASWAMI AND OTHERS

JUDGEMENT

(1.) THIS is an appeal against the order of the learned District Judge, Civil Station, Bangalore, rejecting the plaint. The order of rejection followed the plaintiff's failure to file a valuation memo and pay adequate Court -fee in accordance with the order passed by the Court on Issue No. 1, namely, whether the suit is properly valued and adequate Court -fee paid. The suit was one for declaration that the plaintiff was entitled to a share in the suit schedule items of property unaffected by the several alienations made by his father defendant 1 and unaffected by the orders on some claim petitions referred to in the plaint and for partition and possession.

(2.) THE main contention urged by the learned -advocate for the appellant -plaintiff is that, as according to the; stand taken by the plaintiff his interest was not conveyed by the various alienations -effected by his father, the possession of the alienees in respect of his interest in those items was really possession on his behalf. In other words he was in constructive possession in respect of such interest. The relief sought was really one of partition -and allocation of items of property of which he -was In such constructive possession and therefore no -Court -fee was payable on the footing that he sought recovery of possession of his share.