BENDAPUDI VEERA VENKATA SUBBARAO Vs. KAKARLAPUDL VENKATASUBBARAJU

JUDGEMENT

(1.) The petitioners herein are the plaintiffs in an unregistered suit (S.R.No. 1236/74) on the file of the sub-ordinate Judge's Court, Amalapuram. The plaintiffs filed the suit for partition of the plaint scheduled properties Into 5 equal shares and for delivery of separate possession of one such share to the plaintiffs and for other reliefs.

(2.) The case of the plaintiffs is that defendants I to 5 are brothers who jointly own the properties described in the plaint schedule each having an undivided I/5th share. The plaintiffs obtained a money decree, against the 3rd defendant and in execution of the said decree, brought his 1/5th undivided share to sale. In the Court auction the plaintiff purchased his undivided 1/5th share for a sum of Rs.7060/-. Thus the plaintiffs have become the owners of the undivided 1/5th share in the suit scheduled properties. Under these circumstances the plaintiffs alleged that they are co-owners in respect of the plaint scheduled propertle; along with defendants 1,2,4, and 5 having an undivided 1/5th share and they are in joint possession of the said property. Though they have been demanding defendants 1,2,4, and 5 they agreed to partition and to give separate possession of the 1/5th share. The defendants have been postponing. Hence the plaintiffs are obliged to file this suit.

(3.) The plaintiffs paid a fixed Court fee under section 34 (2) of the Court Fees Act. An objection was raised by the office that the plaintiffs had to pay the Court fee on advalorem basis. This question was considered by the learned Subordinate Judge, who by his order dated 11-7-1974 held that the plaintiffs had to pay advalorem Court fee. The plaintiffs have preferred this revision petition against the said order.