BRIJ BHUSHAN MITTAL Vs. MANNOO LAL MITTAL

JUDGEMENT

(1.) THIS is an appeal under Section 6-A of the Court Fees Act (hereinafter called the Act).

(2.) THE plaintiff, his two brothers (de fendants Nos. 1 and 3) and their father Piarey Lal constituted a Hindu Joint Family. Piarey Lal died on 9-3-1966; whence, the Share of each of his sons in the coparce- nery property became 1/3rd by survivorship. Piarey Lal in his capacity as the Karta of the family had purchased two bungalows with joint family funds. The bungalows be longed to the joint family. Shortly before filing the suit the plaintiff came to know that taking undue advantage of Piarey Lal's old age and mental and physical infirmity, defendant No. 1 in collusion with defendant No. 3 had managed to get a deed dated 24-10-1945 executed by Piarey Lal transfer ring the bungalows in question to his wife, defendant No. 2. The said deed is void and no title passed to defendant No. 2 there under; nor is the plaintiff in any way bound by the same. Upon these allegations, the plaintiff-appellant filed the suit for partition and separate possession of his 1/3rd share in the bungalows.

(3.) THE plaintiff amended the plaint by including another property and valuing the bungalows at the market value as deter mined by the court on the basis of the re port of the appointed by it. The plaintiff thereafter paid additional court-fees, and there is no dispute that the total court-fee of Rs. 1307.50 P. paid by the plain tiff is adequate for the relief of partition of the bungalows and the other subsequently included property.