PATASHI BAI Vs. MANGI LAL

JUDGEMENT

(1.) PLAINTIFFS are assailing the order dated 6.12.2005, passed by 2nd Additional District Judge, Ratlam. By the order impugned, Court below has decided Issue No. 10 as preliminary issue and directed plaintiffs to pay advalorem in respect of dwelling houses and plot for the purposes of jurisdiction.

(2.) PLAINTIFFS who are the daughter-in-law and grand-children of respondent No. 1, Mangi Lal brought a suit claiming declaration, permanent injunction and possession. They claimed that petitioner No. 1 is the widow and others are children of Ishwarlal, predeceased son of Mangi Lal. They claimed that the suit properties are undivided family properties having community of interest of coparceners and unity of possession and enjoyment. Petitioners represent undivided coparcenary interest of Ishwar Lal, predeceased son of Respondent No. 1-Mangi Lal. Respondent No. 1 without severance of the joint status, has executed a sale deed in respect part of the suit property in favour of respondent No. 2, therefore, petitioners who were not a party to the sale deed, have claimed that sale deed executed by Mangi Lal in favour of respondent No. 2 is null and void. For the purposes of jurisdiction, they valued the claim in suit at Rs. 1,11,160/- and for the purposes of court-fees, relief of declaration and permanent injunction were valued at Rs. 500/- each, but claimed exemption from payment of court-fee.

(3.) BASED upon pleadings, learned trial Judge framed as many as 13 issues. [See (Annexure A-4)]. Issue No. 10 pertained to valuation and payment of court-fee. By the order impugned, trial Judge tried Issue No. 10 as a preliminary issue and partly decided against petitioners with directions as mentioned above.