GOPALAN NAMBIAR Vs. BALAKRISHNAN NAMBIAR

JUDGEMENT

(1.) THIS revision petition raises the question as to what is the correct jurisdictional value to be shown in a suit for partition where the prayer is for converting joint possession into separate possession. The petitioner is the 1st defendant in O. S. No. 199 of 1968 on the file of the munsiffs Court of Payyoli. The suit is for partition and separate possession of the plaintiff's 1/16 share which was valued by the plaintiff at Rs. 2968. 75 The petitioner raised the contention that the suit was not within the pecuniary jurisdiction of the Munsiff as the plaintiff's share was really worth Rs. 9000/ -. An issue as to whether the suit is correctly valued for the purposes of court-fee and jurisdiction was framed on this contention of the petitioner and it was tried preliminarily The lower court held that the suit has been correctly valued for the purpose of court-fee and jurisdiction and it is correctness of this finding that has been challenged in this revision petition.

(2.) SO far as the court-fee is concerned, there is no dispute between the parties as it is clear that it comes under S. 37 (2) of the kerala Court-fees and Suits Valuation Act, 1959 (Act 10 of 1960) (for short, called the Act) under which provision a fixed court-fee of Rs. 20/- is payable where the suit is for partition and separate possession of joint family property or property owned, jointly or in common, and the plaintiff is in joint possession. There can also be hardly any doubt that S. 53 (2) of the Act is the provision which governs the determination of the jurisdictional value. That section runs as follows:

(3.) IN the result, the revision petition is allowed and the order of the court below is set aside. The lower court is directed to consider the question of jurisdictional value in the light of S. 19 of the Act in the circumstances, there will be no order regarding costs. Allowed. . .