MEENAKSHI GUPTA Vs. NAVEEN MAHAJAN

JUDGEMENT

(1.) THIS application has been filed on behalf of the Defendant under Order 7 Rule 11, CPC for rejection of the suit that Plaintiff has not paid the requisite Court fee and has paid Rs. 20/- as Court Fee while the Plaintiff admittedly was not in possession of the suit property. It is stated that the market value of the property exceeded Rs. 2 crore. In reply to this application, Plaintiff has stated that Plaintiff was not required to pay ad valorem Court fee on the suit property as she was in constructive possession of the suit property.

(2.) A perusal of the plaint would show that Plaintiff in para 6 of the plaint has stated that the suit property was being solely enjoyed by the Defendant. A complaint was also made against the Defendant even before National Commission for Women for ill-treatment and turning out his mother and National Commission for Women summoned him to appear on 16th July, 2001, but he did not appear and the matter was hushed up by the Commission. In para 9 of the plaint, Plaintiff had again stated that Defendant had been solely enjoying the benefit of the property, although Plaintiff had a vested right and was entitled to 2/3rd share in the property. In para 14 of the plaint, she stated that Plaintiff was entitled to share not less than Rs. 75 lacs in the suit property. She claimed that property was in her constructive possession, she was a co-owner and she affixed a fixed Court fee of Rs. 20/-.

(3.) WHEN a Partition Suit is brought to the Court by a joint owner who has been excluded from the joint ownership of the property to which he is entitled, he is liable to pay Court fee on ad valorem basis on the value of the property claimed by him. This view was upheld by this Court in Rani Devi v. Ashok Kumar Nagi, 76 (1998) DLT 279 : AIR 1999 Delhi 109, also. In the present case, the Plaintiff has valued her share in the property, for the relief of the partition at Rs. 75 lacs, she has to pay ad valorem Court fee on the value of her share. I, therefore consider that the suit is liable to be rejected on this ground. However, an opportunity is given to the Plaintiff to pay ad valorem Court fee within a period of 2 weeks from the date of this order failing which this suit shall be rejected for want of Court fee.