ASHOK KUMAR Vs. SREENIVASAN

JUDGEMENT

(1.) The petitioners are the plaintiff in O.S.No.999/2013 on the files of the Sub Court, Thrissur. The suit is for partition. The petitioners were directed by the court below to pay court fee under Section 37(1) of the Kerala Court Fees and Suit Valuation Act (for short, 'the Act'), against which this Original Petition has been filed.

(2.) Heard.

(3.) Perused the plaint, which is produced as Ext.P1. It is clearly stated in the plaint that the petitioners are in joint possession of the plaint scheduled property along with the other co-owners. In order to determine whether the court fee is to be paid under Section 37(1) or 37(2) of the Act, the court has to go through the averments in the plaint. Section 37(1) of the Act provides that in a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff's share. Section 37(2) of the Act provides that in a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee to be paid shall be Rs.50/-, if the plaint is presented before the Munsiffs Court and Rs.300/-, if the plaint is presented before the Sub Court.