SYED MOHD RAZA Vs. NAJUBUNNISA BEGUM

JUDGEMENT

(1.) IN a partition suit O.S.No. 14 of 1964 while decreeing the claim for partition the lower Court i.e, the First Additional Judge, City Civil Court, Hyderabad has directed the cross-objector herein viz., 3rd defendant to pay Court-fee to the extent of his share shown in Schedule E. The objection is that the cross-objector is not liable to pay any Court-fee apart from the stamp duty and the direction given by the lower Court to pay Court-fee to the extent of his share is erroneous. Reliance is placed for this purpose on a case Venkatasubbamma v. Ramanadkam. It has been laid down therein that: "IN a suit for partition the defendant is merely to ask for his share and it is then open to the Court to order the defendant's share also to be separated, and the right of the Crown to some revenue on the claim of the defendant is satisfied by the direction in the Stamp Act that the decree as finally drawn up should be stamped as an instrument of partition and except that stamp duty no other duty as Court-fee is payable by the defendants in such a suit."

(2.) THIS has a direct hearing on the facts of this case. We, therefore, allow the cross-objections with costs and hold that the cross-objector is not liable to pay any Court-fee. Cross-objection allowed.