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1949 Supreme(Pat) 99

MEREDITH, V.RAMASWAMI
Kaulasan Singh – Appellant
Versus
Ramdut Singh – Respondent


Judgment

1. This first appeal is by the plaintiffs in a partition suit. When the case was taken up, our attention was drawn to the fact that the Stamp Eeporter had reported a deficit court fee due on the plaint. The stamp report was to the effect that a number of the properties sought to be partitioned stood in the names of two ladies, one of them grandmother of the parties and the other, defendant 4, the widow of one of the members of the joint family. Having regard to certain decisions of this Court, the Stamp Reporter said that it was necessary for the plaintiffs to displace the apparent title of the ladies before they could ask for these properties to be partitioned. The total consideration of the documents relating to these properties came to Es. 19,223, and, the plaintiffs share being one-third, the value of thab share would be Es. 6,407-10-8. Accordingly, he said that the plaintiffs had got to pay ad valorem oourt-fees amounting to Rs. 609. 6-0 on the memo of appeal in this Court and a further court-fee amounting to Bs. 487 8-0 on the plaint.

2. The matter, on the objection of the plaintiffs, came before the learned Taxing Officer in regard to the reported deficit in this Cou











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