Law:

Section:

Court Fees Act (VII of 1870).-----S. 7(iv)(b) & Art. 17(vi)---Suit for partition of property jointly owned by parties---Court fee---Mode of payment---Suit for partition of joint property can be filed on payment of Rs.15 as court-fee under Art. 17(vi), Court Fees Acts 1870, which covers a suit where it is not possible to estimate money value the subject-matter of dispute and which is not otherwise provided for under Court Fees Act---Ordinarily, in partition suit, it was not possible to estimate money value of the subject-matter correctly and it was left to be decided finally after recording evidence of both parties---Court would thereafter, require plaintiff to pay deficit court-fee on basis of final determination of the value of subject-matter in question---Provision of S: 7(iv)(b) of the Act was not applicable in such cases---Where, however, any person was ousted from the property and his claim to a share therein was denied by other co-owners then the court-fee was payable under S. 7(iv)(b) for enforcing a right to share in joint family property---There being no denial of plaintiffs, entitlement to a share in a property in question, mere fact that in evidence some estimate of the value of property had been given was not enough to apply provision of S.7(iv)(b), Court Fees Act for payment of ad valorem court-fee at present stage. Kaluram acid another v. Mehtab Bai and another AIR 1959 Madh. Pra. 181; Jogesh Chandra Das v. Amulya Kumar Majumdar and others AIR 1957 Tripura 7; Santosh s/o Gopala and another v. Rama s/o Ragho and others AIR 1949 Nag. 305; Nawab Syed Muhammad Hashim° Ali Khan and another v. Iffat Ara.Hamidi Begum and others AIR 1942 Cal. 180; Maung Ohn Tin v. Prmpsrm. Chettyar Firm and others AIR 1929 Rang. 311; Muhammad Sakhi and another v. Abdul Rahim and another 1990 ALD 219; Muhammad Sohail and others v. Ghulam Rasul and another NLR 1991 SD 375; Muhammad Sohaul and others v. Ghulam Rasul and another 1989 IIJ 91 Comp 41; Mst. Razan.Bibi and others v. Haji Muhammad Younus and 6 others 1990 ALD 338(2); P.R. Srinivasa Iyei and others v. K.S. Krishnaswamy Iyer and others AIR 1931 Mad. 49; and Secretary of State v. A.R. Lakhanna AIR 1933 Mad.430…

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