HUSHAN KAUSHAL Vs. BAL RAJ

JUDGEMENT

(1.) This revision petition has been directed against the order dated 23-10-2000 of the learned District Judge, Mandi, holding that the suit filed by the petitioners (plaintiffs) has not been properly valued for the purposes of Court-fee and jurisdiction and that he has no pecuniary jurisdiction to try the suit. It was further held that the petitioners were required to pay the ad valorem Court-fee on Rs. 25,86,240.00 being the market value of their shares in the immovable properties, the partition of which is being sought.

(2.) The petitioners and respondents Nos. 1 to 3 are the sons and daughters of one Ram Rakha Kaushal of Sarkaghat in District Mandi. The said Ram Rakha has died on 12-8-1983 leaving behind the petitioners and respondents Nos. 1 to 3 as his only legal heirs. Ram Rakha owned immovable properties, detailed in para 3 of the plaint, which have devolved upon the petitioners and respondents No. 1 to 3 in equal shares, that is, to the extent of 1/8th share each. Besides, the said Ram Rakha was running a business under the name and style of Messrs Ram Rakha Mall Kaushal and sons at Sarkaghat.

(3.) The petitioners have filed a suit for partition of the immovable properties left by the deceased Ram Rakha claiming 5/8th share therein on the ground that such properties are joint Hindu family properties consisting of the deceased Ram Rakha, petitioners and respondents Nos. 1 to