LAKHAN SINGH Vs. SULTAN SINGH

JUDGEMENT

(1.) This is an appeal by the pltf under Section 6 A, Court-fees Act.

(2.) The pltf & the defts are members of one family. The pltf claimed that he & the defts were co-sharers in the suit properties which include properties situated in village Jalkhera & those situated in village Hartoli besides other villages. The relief claimed by him was for partition of his share which he alleged was 3/4th. He paid court-fee on 1/4th of the value of his share in the properties. The defence to the suit was that the pltf had exchanged his share in the Jalkhera properties for the deft's share in the Hartoli properties & that, therefore, the pltf was not entitled to any share out of the Jalkhera properties. It was further pleaded that the pltf was out of possession of the Jalkhera properties & the court-fee paid by him was, therefore, deficient. The lower Ct held that the pltf was not in actual possession of the Jalkhera properties since 1920, that the defts had been in exclusive possession thereof, that the defts had denied the pltf's claim to be a co-sharer in those properties & that, therefore, he was liable to pay court-fee under the second clause of Section 7 (vi A), that is to say, on the full value of his share in the properties & not merely on 1/4th value of his share. From this order the pltf has come up in appeal to this Ct.

(3.) Section 7 (vi-A) of the Court-fees Act which has been introduced by the U. P. Legislature runs as follows: The amount of fee payable under this Act shall be computed: "In suits for partition -- According to one-quarter of the value of the pltf's share of the property, & according to the full, value of such share if on the date of presenting the plaint the pltf is out of possession of the property of which he claims to be a coparcener or co-owner and his claim to be a coparcener or co-owner on such date is denied."