PARVATHAMMA Vs. Y TULSIRAM

JUDGEMENT

(1.) This Revision is filed against the order passed in O.S.S.R. No.1903/94 on the . file of Subordinate Judge, Vikarabad.

(2.) The Suit was filed for partition in respect of B & C Schedule lands and also in respect of A schedule property which was acquired and compensation was also taken away by the defendants. The lower Court, in respect of B & C schedule properties held that they are in joint possession of the plaintiffs and defendants. But in respect of A schedule property, which was acquired by the Land Acquisition Ofiicer and the compensation was also distributed among the defendants, the lower Court held that it is not in joint possession of the parties. The present suit is virtually for recovery of the share of the plaintiffs from out of the compensation amount granted in respect of A schedule property. To this effect mere is an averment in the plaint also in para-5. Therefore, the lower Court directed the plaintiffs to pay Court fee on each 1/10th share of the plaintiffs, on the amount of Rs. 1,97,993/- under Sec.34(1) of the A.P. Court Fees and Suits Valuation Act.

(3.) Against the said order, the present Revision is filed, by the plaintiffs.