PANNALAL Vs. NAND LAL

JUDGEMENT

(1.) THIS revision application by the defendants arises out of a partition suit and raises a question regarding payment of court-fee. In order to appreciate the point it would be necessary to state a few facts:

(2.) THE parties are the sons and daughters of Madanlal, who died on 3-8-1957. Defendants Pannalal, Dhirajkumar, Shantilal, Smt. Pushpa and Smt. Nawali are the sons and daughters of Madanlal by the second wife whereas the plaintiff nandlal is by the first wife. Madanlal was adopted by Mohanlal, who executed a will on 12-1-1937 by which he bequeathed half of his property to Nandlal and the other half to Madanlal. After the death of Madanlal which took place on 10-2-1938. Nandlal filed the present suit for partition of that half of the property of Mohanlal which had been bequeathed to Madanlal.

(3.) NANDLAL's suit was resisted by defendant No. 1 Pannalal. He pleaded that he had discharged the debts due from Madanlal, and had also spent the following amounts on behalf of the joint family constituted by the parties:- (a) Rs. 2200/- on account of funeral expenses of Madanlal. (b) Rs. 19,500/- on the marriages of the two daughters of Madanlal viz. defendant Nos. 4 and 5 Smt. Pushpa and Smt. Nawali. (c) Rs. 8000/- on the marriage of defendant No. 2, Dhiraj Kumar. (d) Rs. 300/- for delivery and 'muklawa' of Smt. Pushpa, Smt. Nawali and a sister of Madanlal. (e) Rs. 37,000/- on account of household expenses of the joint family. (f) Rs. 10,000/- on repairs and improvements of the house belonging to the joint family.