KANWAR PARTAP SINGH Vs. MINAKSHI DEVI

JUDGEMENT

(1.) The short question which requires determination in this civil suit, seeking declaration with consequential relief, is whether it has been correctly valued for the purposes of court fees within the ambit of section 7 of the Himachal Pradesh Court fees Act, 8 of 1968 (hereinafter referred to as the Court-fees Act) or not.

(2.) Briefly stated, plaintiff Kanwar Partap Singh's case, as made out in the plaint, is that the suit property known as Hira House along with the adjoining land situate in Shimla was inherited by his father, late Raja Dalip Singh of Dhami, from his (plaintiff) grand father, late Raja Hira Singh of Dhami. Raja Dakip Singh died on May 8, 1987 leaving behind his son (plaintiff) and three daughters (defendants Nos. 1 to 3). According to the plaintiff, it was a coparcenary property and he became owner of half share therein by birth. It is further averred by him that the remaining half share belonging to Raja Dalip Singh was to be inherited equally by the plaintiff and his three sisters with the result that the plaintiff s share in the suit property would come to 5/8th, whereas the three defendants would inherit 1/8th share each in the aforesaid property. However, on Raja Dalip Singh's death, the property was mutated in equal shares in the names of the plaintiff and the defendants vide mutation NO.I656 sanctioned on September 19,1987. The plaintiff, therefore, prayed for a declaration regarding the incorrectness of revenue entries in the abovementioned mutation. The plaintiff came to know about these entries on July 4, 1988.

(3.) It has been further alleged by the plaintiff that a few days before filing the present suit, defendants Nos. 1 to 3 held out threats to the plaintiff that they would dispossess him and transfer/alienate the suit property.