KHEMCHAND Vs. YASWANTCHAND

JUDGEMENT

(1.) THIS is a revision application by Khemchand, defendant No. 6, in a suit for partition of joint Hindu family property filed by Yaswant Chand, respondent No. 1. Respondents 9, 10 and 11 are the sons of defendant No. 6. Respondent No. 12 is the brother of defendant No. 6. The petitioner and his sons and respondent No. 12 filed one written statement. They admitted that the property mentioned in plaint was joint Hindu family property except one property which defendant No. 6 claimed as his personal property. These defendants did not claim partition and separate possession of their shares of the remaining property in the plaint. Their objection wag that certain joint family property was in the possession of defendant No. 5 and had not been included in the suit and consequently it was not maintainable as a suit for partial partition of joint Hindu family property did not lie. Further they claimed partition and separate Possession of this additional property. This property is valued at Rs. 79,775/ -. _ According to their allegations their share in this property comes to --- -. 10/16

(2.) AN objection was taken by other party that these defendants must pay court-fee for claiming partition and separate possession over this property. An issue was framed on the point by the trial Court (issue No. 25) and was decided against these defendants. Against that order defendant No. 6 has filed this revision application.

(3.) SECTION 35 of the Rajasthan Courts-fees and Suits Valuation Act runs as follows:--