CHANDERLEKHA TULI Vs. SHIV SARAN DAS TULI

JUDGEMENT

(1.) By this application under Order 7, Rule 1, Civil Procedure Code ., the defendant Nos. 1 and 2 seek rejection of the plaint on the ground that the plaintiffs have under-valued their claim for petition of the suit properties and for rendition of accounts.

(2.) The plaintiffs have filed the present suit for partition of the suit properties and for rendition of accounts on the ground that the suit properties were owned and possessed by late Ram Saran Das Tuli. Ram Saran Das Tuli died intestate leaving behind his widow (defendant No.2), two sons, namely, Har Saran Das Tuli, Shiv Saran Das Tuli and one daughter Smt. Kamlesh Verma. Har Saran Das Tuli expired on 6.8.1995 leaving behind the plaintiffs as his legal heirs. The plaintiffs claimed that on the death of Ram Saran Das Tuli, the suit properties mentioned in Schedules I and II annexed with the plaint devolved upon his class I heris, the plaintiffs and the defendants being entitled to equal shares. According to the plaintiffs the defendant Nos. 1 and 2 have been receiving rents of the immovable properties left by late Ram Saran Das Tuli but they failed to give the plaintiffs their shares of income from the suit properties. The plaintiffs repeatedly demanded partition and the defendant Nos.1 and 2 were evading. The plaintiffs claimed that each of the plaintiffs as co-owners is in legal possession of the suit properties. For the purposes of court fee and jurisdiction, the plaintiffs valued the suit for Rs. 4 crores and paid fixed Court fee of Rs.20.00 on the relief for partition. They also valued their relief for rendition of account at Rs. 200.00 and paid a fixed Court fee of Rs. 20.00 .

(3.) The defendant Nos. 1 and 2 pleaded in their written statement as well as in their application under Order 7, Rule 11, Civil Procedure Code that since the plaintiffs are out of possession of the suit properties, they ought to have paid ad valorum Court fee on the market value of their shares in the suit properties as required by Section 7(4)(b) of the Court-fees Act.