LAKSHMANAN NADAR Vs. KRISHNAN NADAR

JUDGEMENT

(1.) The point that arises for consideration in this C.R. P. is as to whether the view of the learned Subordinate Judge of Trivandrum, that the present suit comes within the category contemplated under S.3, sub-s.4, clause (e) of the Travancore - Cochin Court Fees Act (Act 2 of 1125) is correct.

(2.) The suit itself is for partition and separate possession of the shares claimed by the plaintiffs in the properties which, according to them, are held jointly as coowners with definite shares. The plaintiffs claim partition and separate possession in the following manner:-

(3.) The general allegations in the plaint are to the effect that the plaintiffs are entitled to the shares mentioned above and that the properties are held by the plaintiffs and the defendants as coowners entitled to definite shares.