GOVIND V. SHAH Vs. ANILA J SHAH

JUDGEMENT

(1.) This appeal and C.C.C.A. No. 38 of 2006 are preferred against judgment and decree passed in O.S. No. 329 of 1999 dated 19.9.2005 on the file of the Court of Additional Metropolitan Sessions Judge for trial of communal offence cases-cum-VII Additional Metropolitan Sessions Judge-cum-XXI Additional Chief Judge, Red Hills, Nampally, Hyderabad, whereby and whereunder the suit filed for partition and separate possession of the properties scheduled therein and other reliefs was decreed in favour of the plaintiff. C.C.C.A. No. 38 of 2006 is preferred by the defendants 1 and 2 and C.C.C.A. No. 225 of 2008 is preferred by the defendants 3 and 4 in the said suit. For the sake of convenience, we refer the parties as arrayed in the suit.

(2.) The question now involved in the appeal at this stage is as to whether the defendants are liable to pay court fee with reference to the pleas taken in the plaint with regards to the subject matter of the suit or with reference to the ultimate decision of the trial Court with regards to constructive or actual possession of the plaintiff over the plaint schedule properties. After deciding this, the appeal will finally be heard with regard to other aspects involved.

(3.) In fact, the plaintiff filed the suit against the defendants for partition of the plaint schedule movable and immovable properties into five equal shares and allotment of one share out of that to her and for costs and for mesne profits. The defendants 1 to 4 are younger and elder brothers of the plaintiff.