KRISHNA SHARMA Vs. NARESH TIWARI

JUDGEMENT

(1.) Being aggrieved by the order dated 5.11.2008 passed by I Addl. Judge to the Court of I ADJ, Dhar in MJC No. 9/2005 whereby the application filed by the petitioner for exemption from court fee was dismissed and consequently the suit was dismissed, the present petition has been filed.

(2.) Short facts of the case are that petitioner filed a suit against the respondent wherein it was alleged that petitioner and respondent No. 5 are married daughters of Basant Kumar Tiwari who died in the year 1972. It was alleged that respondent Nos. 1 to 3 are the sons and respondent No. 4 is widow. It was alleged that after the death of Basant Kumar, the petitioner and respondents succeeded the property including House No. 198/1, Murai Mohalla, Indore having l/6th share each. In the suit it was alleged that in the year 2001 consent to sell and property was taken by the respondents and petitioner but no amount was paid to the petitioner. It was alleged that since the sale was for a consideration of Rs. 40,000/-, therefore, petitioner is entitled for a sum of Rs. 6,66,000/- which was claimed in the suit. So far as court fee is concerned, it was alleged that as per notification dated 1.4.1983, the petitioner being a woman having income below Rs. 6,000/- per annum, is exampted from payment of court fee. After holding an enquiry the application was dismissed,against which the present petition has been filed.

(3.) On the strength of aforesaid preliminary objection it is submitted that the petition filed by the petitioner be dismissed.