In a suit for partition and separate possession of a share of joint family property, the court fee shall be assessed according to the market value of the share in respect of which the suit is instituted.

Siddhartha Chattopadhyay, J.

The main controversy centres round in this revisionsal application is what would be the Court Fees wherein the plaintiff claims to have 1/5th share in the land and absolute ownership in respect of the building, which he had constructed from his own income and by taking personal loan. He was an employee of a ship and for his job he had to travel here and there. Taking that advantage his sister managed to obtain a deed of gift from her mother. Thereafter the said sister has executed a deed of sale in favour of the defendant Nos. 5 and 6.

2. Challenging the order dated 08.09.2014 in connection with Title Suit No. 13593/2014 passed by the Learned Civil Judge (Senior Division) 3rd Court, Alipore the petitioner/ plaintiff has filed the revisional application. Being aggrieved and dissatisfied with the finding of the Learned Court below which runs thus “plaintiff has to value the suit on the basis of the market value of the suit property as on the date of the presentation of the plaint and thereafter pay Court Fees in accordance with such value. It is hereby directed that the plaintiff should value the suit in accordance with the order and thereafter the plaintiff will pay Court Fees, failing which, the prayer for rejection of the plaint will be taken up by the Court,” he has filed this revisional application.

3. At the time of hearing Learned Counsel appearing on behalf of the petitioner/plaintiff has submitted that the Learned Court below failed to take into consideration the decision reported in AIR 2010 SCC 2807 (Suhrid Singh @ Sardool Singh Vs. Randhir Singh & Ors.,), where the question arose regarding what should be the valuation of the suit in case of a suit for cancellation of a deed. In that case, according to him, the Hon’ble Apex Court by giving the various illustrations had come to a conclusion that in the suit for declaration of deed filed by a person in which he is not a party to the transaction, then the suit would be valued in accordance with the fixed Court Fees. If the executant challenges and filed a suit for declaration then he has to pay ad valorem Court Fee. According to him, the alleged deed of gift and sale deed were not executed by him and so he is not supposed to pay the Court Fee on the market value. In such case, the plaintiff shall state the amount at which the relief sought.

4. Learned Counsel appearing on behalf of the opposite party has submitted that the finding of the Learned Court below is absolutely justified and it does not call for any interference.

5. After hearing both sides and giving an anxious thought over this particular issue I am of the view that West Bengal Court Fees Act has to be considered in its proper perspective. Those reported decisions were based on Section 37 of Andhra Pradesh Act which is pari materia of Section 40 of the Kerala Court Fees Act. Here this Court wants to confine itself within West Bengal Court Fees Act by which we are governed. Section 7 Clause IV (a) of West Bengal Court Fees Act speaks as such.-

“In suits -

(a) for movable property of no market-value-for movable property where the subject-matter has no market-value, as for instance, in the case of documents relating to title;

(b) for declaratory decree and consequential relief-to obtain a declaratory decree or order, where consequential relief is prayed;

(c) for injunction;-to obtain an injunction;

(d) for easement;-for a right to some benefit (not herein otherwise provided for) to raise out of land, and

(e) for accounts;-for accounts- according to the amount at which the relief sought is valued in the plaint or memorandum of appeal subject to the provisions of Section 11.

In all such suits the plaintiff shall State the amount at which he values the relief sought.”

6. Section 7 Clause VIII speaks –

“For partition and separate possession of a share of joint family property, etc.-In suits for partition and separate possession of a share of joint family property or of a joint p