TEJPAL SARAOGI Vs. MAHADEO LAL

JUDGEMENT

(1.) This appln. in revn. raises the question of court-fees payable on the plaint--namely if court-fees are payable under Article 17 (vi) of Schedule II Court-fees Act, as in a simple suit for partition or ad valorem court-fees as in a suit for title, where a declaration of title with a consequential relief is asked for.

(2.) The peters, before us were the pltfs. in the Ct. below. The facts givitg rise to the appln. are the following. The petnrs. brought the suit, which was in form a suit for partition only, in respect of two houses situate in the town of Siwan. The petnrs. alleged that their share of the two houses was to the extent of 12 annas & the share of deft. 1, who was the karta of the joint family of defts. 1 to 8, was to the extent of 4 annas only. In para. 8 of the plaint the petnrs. stated that

(3.) The question that arose for consideration by the learned Subordinate Judge, in whose Ct. the suit was instituted by the aforesaid plaint, was the true nature of the suit: that is, whether the suit was a pure & simple suit for partition of the two houses as between co-owners, or a suit for a declaration of title as against strangers in the guise of a suit for partition. The learned Subordinate Judge held, on a consideration of the plaint, that so far as the strangers were concerned, the suit was really a suit for title, namely, a suit for a declaration of title & possession. In that view of the matter he directed the petnrs. to pay ad valorem court-fees. It is against this order of the learned Subordinate Judge that the present appln. in revn. is directed.