A. SEETARAM REDDY, J.

( 1 ) THE question that falls for determination in this revision petition is whether the case is governed by S. 34 (1) or 34 (2) of the Court-fees and Suits Valuation Act (hereinafter referred to as the Act.)

( 2 ) THE plaintiffs who are the petitioners herein, filed a suit for partition of the properties described in the plaint schedules into three equal shares and for allotment of two such shares to them. They paid a fixed court - fee of Rs. 200. 00 under S. 34 (2) of the Act. Thereafter at the time of the inspection of the Subordinate Court the District Judge pointed out that the first defendant in his written statement averred that he alienated items 2 and 3 of the plaint A Sch in favour of defendants 2 and 3 and as the first defendant purchased items 2 to 6 of the plaint B Sch. property with the joint family funds in the name of the second defendant, the plaintiffs have to pay advalorem court - fee under S. 34 (1) of the Act. On that notice of theft check slip was issued and objections were filed by the plaintiffs Advocate stating that the facts averred cannot be brought within the ambit of S. 34 (1) of the Act. However, the subordinate Court held that in t

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