MOHAMMAD RAZA KHAN Vs. SAHEB RAZA KHAN

JUDGEMENT

(1.) The plaintiff has come to this Court against an interim order in the Court-fee matter holding that he must pay ad valorem court-fee under Section 7 (iv) (c) of the Court Fees Act.

(2.) He instituted a suit for partition in respect of various items of properties on the following allegations. His father, Dubar Khan left behind four sons including himself and one daughter. According to the plaintiff's case on the death of his father his brother Afjal Karim Khan who became the manager of the family acquired out of the ancestral property some landed property in his own personal name as well, over which all of them were in joint possession. On the death of Afial Karim the plaintiff demanded partition of those properties standing either in the name of Dubar Khan or in the name of other members. The defendants having refused to accede to his prayer, he instituted a suit for partition on a fixed court-fee of Rs. 22.50.

(3.) The defendants raised an issue on the question of sufficiency of the court- fee and by the impugned order, the learned Subordinate Judge has held that on looking to the real substance of the plaintiff's case and the reliefs claimed by him, he must pay ad valorem court-fee with respect to those properties which were standing in the names of the members other than Dubar Khan, his father.