( 1 ) I heard Sh. J. P. Sengh for plaintiff, sh. D. C. Vohra for defendants 1, 2 and 8 and sh. N. N. Dhingra for defendants 5 and 7 on the issue if requisite court fee had been paid by the plaintiff.

( 2 ) PRAYERS made in the suit are as under:-

" (A)DECREE of declaration declaring that the documents viz settlements, releases, bonds, gifts or wills executed by the defendants or Late Pandit Gian chand not bind the plaintiff qua his share in the suit properties being joint family properties as mentioned in paragraph No. 6 of the plaint;

(B)DECREE of partition, preliminary and final, of separate possession of plaintiff s 1/12th share in the suit properties set out in paragraph No. 6 of the plaint;

(C) Decree of rendition of account, preliminary and final directing the defendants to render accounts of the rental income and other profits derived from the suit properties detailed in paragraph No. 6 of the plaint;

(D) If the defendants contest the claim for partition and separate possession of share of the plaintiff a decree for meene profits at the rate of ra. 25,000 per month or such further rate as may be determined by this Hon ble court pendente lite and future till the decree for partition is fully implemented; and

(E) The costs of the suit. "

( 3 ) IN para No. 15, the suit for the purposes of jurisdiction and payment of court fee has been valued thus:-

( 4 ) CONTENTION advanced by the counsel of both sets of defendants was that the court fee paid for relief of partition of properties and valuation given for relief of rendition of accounts in para No. 15 of plaint are arbitrary and highly inadequate. To appreciate the contention, it is necessary to refer to the allegations made in plaint. It is alleged in paras 1 and 2 that plaintiff is the great grandson of Pt. Gian Chand who died on 24th January, 1997. Defendant No. 2 is the grandfather while defendant no. 3 is the father of plaintiff. Plaintiff was born on 24th December, 1986 from the wedlock of ms. Veena and defendant No. 3 whose marriage was dissolved by a decree of divorce by mutual consent in November, 1992. Plaintiff has been living separately with his mother after divorce. Defendant No. 5 is another son of deceased Pt. Gian chand and defendants 6 and 7 are the sons of defendant No. 5. Defendant No. 4 is the son of pre-deceased son of Pt. Gian Chand. In para No. 3, it is stated that Pt. Gian Chand who acquired several properties, formed an HUF with his sons in 1965 and all the movable and immovable properties acquired by him, were thrown into the hotch-potch of HUF. In para No. 4, it is alleged that plaintiff is a co-parcener to the extent of l/12th share in the properties left by Pt. Gian chand those being ancestral. In para No. 6, the details of movable/immovable properties left behind by the said deceased have been given as under:-

"i) House No. C-32/33, Amar Colony, lajpat Nagar-IV, New Delhi-24.

II) Plot No. 333, measuring 125 sq. yds. G-81ock, in Preet Nagar cooperative House Building society Ltd. known as Preet vihar Colony, Delhi.

III) Share in land measuring 43 bighas and 9 biswas in village hauz Rani, Delhi.

IV) Compensation/ownership rights in plot No. 3a, in Khasra No. 420, measuring 300 sq. yds. in colony preet Nagar Extension, Delhi.

V) Compensation/ownership rights in plot No. 1-8 in Khasra no. 1256/922/153 measuring 790 sq. yds. in Scheme B, Block B, situated in village Mandawali, fazalpur, Delhi.

VI) Compensation/ownership rights in plot No. 1/5 of A1 + A2 + A5 in khasra No. 1265/608, measuring 300 aq. yds. in colony Nirman vatika, situated in village mandawali, Fazalpur, Delhi.

VII) M/e Deva Brothers, C/o P-9, sector 5, Railway Road, faridabad (Haryana ).

VIII) Fixed Deposit Receipts with m/s. Amarnath Bhasker and Sons (B. N. Bhasker and Sons) Ishwar nagar, 10/1, KM Mathura Road, new Delhi or with any firm, company or Bank either singly or jointly in the name of the deceased.

IX) Share and Debentures of companies as per ANNEXURE-A.

X) National Saving