MAHINDER KUMAR Vs. RAJNI

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 12/5/2022 (Annexure P-1) passed by learned Civil Judge (Jr. Divn.) Ferozepur, whereby an application filed by the petitioner/defendant, for rejection of plaint, has been dismissed.

(2.) It is now submitted by learned counsel for the petitioner that respondent/plaintiff had filed a suit claiming possession and therefore, she was required to pay the ad valorem Court fee, as per the market value of the property. Learned Court below has wrongly reached the conclusion about the respondent/plaintiff, to be co-sharer and as such, deemed to be in possession of the suit property. As such, it is submitted that the application has been wrongly dismissed.

(3.) Copy of the plaint has been placed on record as Annexure P-2. Perusal of the same reveals that respondent/plaintiff had filed suit for decree of separate possession through partition by metes and bounds. Therein, it is also stated that the plaintiff is in actual physical possession of the portion shown in red colour, on the ground floor, in the site plan.