B. SUBHASHAN REDDY, J.

( 1 ) THIS appeal has been directed against an order returning the plaint on the ground that the Court fee which is payable is under section 34 (1) of the A. P. Court Fees and suits Valuation Act, 1956 and not under sub-section (2) thereof.

( 2 ) SUB-SECTION (2) of Section 34 of the a. P, Court Fees and Suits Valuation Act comes into play when the parties are in joint possession and a fixed Court Fee is payable having regard to the valuation and the maximum being Rs. 200/ -. But, in a matter arising under Section 34 (1) of the A. P. Court fees and Suits Valuation Act, 1956, which is on the premise that the plaintiff is not in possession but is seeking for decree of partition and possession, the Court fee payable is according to the valuation of 3/4ths of the market value of the share which the plaintiff sought for. The Court of the Chief Judge subsequently has now called upon the plaintiffs to pay the Court fee on the ground that the plaintiffs cannot be deemed to be in joint possession.

( 3 ) AT the inception, the Trial Court has to go by the recitals of the plaint and if the same is challenged by the defendants at a later point of time, the Court can always

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