JASWANTH KOUR Vs. RAJAN BAI

JUDGEMENT

(1.) This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure. The petitioners herein are the plaintiffs, who seek to assail the orders in OSSR. No.3492 of 2003 dated 22-12-2003 on the file of the Court of District Judge, Karimnagar District, rejecting the plaint filed under Section 26 of the Code of Civil Procedure read with Order 7, Rule 1 of Code of Civil Procedure, seeking for partition of the plaint schedule properties in three equal parts and allotment of one such share to each of them and delivery of possession of one such share to the plaintiffs; recovery of an amount of Rs.40,000-00 from the defendants towards their share of rents on house from the plaint schedule property for one year (i.e., from 1-11-2002 to 31-10-2003) and directing them to pay court fee under Section 34(1) of A.P. Court Fees and Suits Valuation Act, 1956 on the ground that the suit is filed for partition and one-third share in the suit schedule property i.e., item Nos.1 and 2 of the suit schedule property they are not in possession of the joint family properties.

(2.) The learned counsel for the Revision Petitioners contended that the petitioners have made categorical pleadings that they are in joint possession of the suit schedule properties, and as such, the valuation of the court fee under Section 34 (2) of Andhra Pradesh Court Fees and Suits Valuation Act is correct. The court below ought to have seen that while registering the suit, the court below has not looked into the basic pleadings in the plaint and cannot draw its own inference. The court below has committed illegality in returning the plaint and directing to pay the court fee under Section 34 (1) of A.P. Court Fees and Suits Valuation Act, 1956.

(3.) In support of his contention, the learned counsel for the petitioners relied on a decision of this court in R. V. Bhuvaneswari and others v. Ponnuboina Chenchu Ramaiah (died) andothers.