LALITHAMMA Vs. RENJITH AND ORS.

JUDGEMENT

(1.) The short point that arises for consideration in this Original Petition under Article 227 of the Constitution of India is whether the court below was justified in treating the suit which is essentially one for partition as a declaratory suit and directing the plaintiffs to pay court fee under Section 25 of the Court Fees and Suits Valuation Act.

(2.) It is not in dispute that the property originally belonged to one Subramania Iyer, who is no more. His wife and children are the plaintiffs and the first defendant in the suit. The first defendant transferred his share in the property to the second defendant and that resulted in the suit.

(3.) The court below going by the prayer made in the plaint formed the opinion that it is a declaratory suit and directed payment of court fee under Section 25 of the Court Fees and Suits Valuation Act.