MOHAMMAD SALEHA Vs. MOHAMMAD YUNUS

JUDGEMENT

(1.) The plaintiffs in un-numbered suit are the appellants herein. They filed this appeal aggrieved by the order of the lower Court in rejecting the plaint on the ground that proper Court fee is not paid.

(2.) The facts of the case that plaintiffs filed the suit in O.S.(SR) No. 2303 of 1991 in the Court of Subordinate Judge, Eluru for division of the plaint schedule properties and allotment of two shares to the plaintiffs 1 to 3, two shares to plaintiffs 4 to 7 and one share to the plaintiff No. 8 and for rendition of accounts. The suit was valued at Rs. 5,36,714-28 for the purpose of jurisdiction and a fixed Court fee of Rs. 200/- is paid under Section 34 (2) of A.P. Court Fees & Suits Valuation Act. The office of the lower Court took (abjection for payment of Court fee under Section 34 (2) of the A.P. Court Fees & Suits Valuation Act. The Court below after considering the objection and hearing the Advocate for the plaintiffs passed the order under appeal to the effect that under Muslim law there is no joint family system and therefore joint possession will not attract and rejected the plaint upholding the office objection. Against that present appeal is filed.

(3.) This appeal was admitted and notice was ordered to be issued to the Government Pleader as the matter involves payment of Court fee.