MAKHANLAL CHATTERJEE Vs. MANICK CHANDRA PRAMANIK

JUDGEMENT

(1.) The present application under Sec. 115 of the Code of Civil Procedure is directed against Order No. 49 dated April 28, 1964, passed by the learned Munsiff, First Court, Alipore, in Title Suit No. 536 of 1961. The impugned Order relates to the court -fee payable on the plaint in the said suit.

(2.) Facts briefly stated are as follows. The opposite party No. 1 as Plaintiff instituted a suit being Title Suit No. 536 of 1961 of the First Court of the Munsiff, Alipore, against the Petitioners and the opposite parties Nos. 2 to 7 for the partition of his one -fourth share in the suit land. The suit land was purchased by Fakir Chandra Pramanik, father of the Plaintiff, in 1933. Fakir died leaving three sons, namely, (i) Manick Chandra Pramanik, the Plaintiff, (ii) Sadhan Chandra Pramanik, (iii) Guiram Pramanik and one grandson Jagannath Pramanik by a predeceased son as his only heir. According to the Plaintiff his other three co -sharers sold their shares in the suit land to the Petitioners, being Defendants Nos. 1 to 4, who thereby became the co -sharers of the Plaintiff by purchase.

(3.) The Plaintiff valued his one -fourth share at Rs. 125 and paid ad valorem court -fee thereon. For the purpose of jurisdiction the Plaintiff valued the suit at Rs. 500, which according to him is the value of the entire suit land.