CANNIAPPAN AND ORS. Vs. BAGUIRDAY AND ORS.

JUDGEMENT

(1.) THIS revision arises out of the order passed by the III Additional District Judge, Puducherry in I.A. No. 289 of 2014 in O.S. No. 85 of 2010. The first respondent instituted the suit against the petitioners and the respondents 2 to 5 claiming partition and separate possession of their respective shares. The petitioners who are the defendants 5 & 6 in the suit filed I.A. No. 289 of 2014 under Section 11(2) of the Puducherry Court Fees and Suit Valuation Act to decide the court fee as preliminary issue. In the affidavit filed in support of the petition, they have contended that they are in exclusive possession of the suit property and therefore the plaintiff has to pay the court fee on the actual market value of the suit property.

(2.) THE application was resisted by the first respondent by filing her counter. The trial court dismissed the application holding that the plaintiff is a co -sharer and therefore physical possession is not necessary. Challenging the order, the present revision is filed.

(3.) THE case of the plaintiff is that she and the defendants 1 to 4 are the daughters and defendants 5 and 6 are the sons of Balasubramanian @ Somasundaram and Radhabaye @ Balambal and all are in legal joint possession of the suit property. The suit was filed on 04.10.2010 and the defendants / petitioners herein filed their written statement on 20.07.2011 and chose to file this application on 27.02.2014.