RAGHUBIR KRISHAN DASS Vs. NARAIN DASS AND ORS.

JUDGEMENT

(1.) The controversy here is with regard to the court-fee payable in a suit for possession by partition.

(2.) The view expressed by the trial court, that ad valorem court-fee was payable on the property in suit cannot indeed the sustained in the face of the judgment of this Court in Civil Revision 3021 of 1990 (Vijay Kumar Vs. Harish Chand), 1991(2) RRR 494 (P&H) decided on March 15, 1991 where, it was held that in a suit for possession by partition of joint property, the court fee payable would be under Schedule-II of Art. 12(vi) of the Haryana Court-fee Act which prescribes a fixed court-fee of Rs. 25.00.

(3.) The impugned order of the trial court is consequently hereby set aside and this revision petition is accepted in terms of Vijay Kumar's case (supra) Costs of this petition shall be costs in the suit. Counsel fee Rs. 300.00. Petition accepted.