RATAN DEVI Vs. GAWRA DEVI

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India is directed against order dated 19.09.2014 passed by the trial court, whereby, the application filed by the respondents under Section 11(2) & (3) of the Rajasthan Court-Fees and Suit Valuation Act, 1961 ('the Act of 1961') has been accepted and the plaintiff has been directed to pay court fees on the market value of the suit property.

(2.) The facts in brief may be noticed thus : the plaintiff-petitioner filed a suit for partition on 02.01.2012 claiming the suit property belonging to her ancestor Baldev Das, who died intestate prior to 1956; it was claimed that at the time of death of Baldev Das, he was survived by his son Ganga Das and grandson Raman Lal; Ganga Das also died intestate prior to 1956 and, therefore, the entire property vested in Raman Lal, who died intestate on 04.02.1976; at the time of his (Raman Lal) death, he was survived by two daughters including the petitioner and one adopted son Prem Narayan and, therefore, in the property all the three children had 1/3rd share; the defendant Nos. 1 to 4 were children of Prem Narayan Daga and defendant Nos. 5 to 11 were children of her sister Jiya Devi.

(3.) It is claimed that the suit was filed on 02.01.2012 and on 02.01.2012 itself at about 05:15 PM the defendant Nos. 1 to 4, children of Prem Narayan, transferred the suit property and, therefore, the petitioner filed amendment application, which was allowed and the suit was permitted to be amended and the transferees were impleaded as defendant Nos. 13 to 20.