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DELHI HIGH COURT
PRATEEK JALAN
Ajay Malik – Appellant
Versus
Prem Lata – Respondent
| Table of Content |
|---|
| 1. relief sought for partition and damages. (Para 1) |
| 2. dispute over court fees based on possession. (Para 5 , 6) |
| 3. court's analysis of possession and ouster. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. requirement for plaintiffs to pay ad valorem court fees. (Para 15) |
| 5. court's order regarding amendment and further proceedings. (Para 16) |
Prateek Jalan, J. (Oral)
I.A. 8284/2018 (by defendant No.2 under Order XIV Rule 2 of the CPC)
1. The suit has been filed by the plaintiffs for the following reliefs:
"(a) Pass a preliminary decree of partition in favour of the Plaintiffs and against the Defendants thereby declaring that the Plaintiffs are the co-owners/co-sharers to the extent of 2/3rd share in the property bearing No.C-2/28, Model Town, Delhi and after passing a preliminary decree thereby holding that the Plaintiffs are the co-owners/co-sharers to the extent of 2/3rd share and thereafter, a final decree of partition may kindly be passed in accordance with law, thereby separating l/3rd share of the Plaintiffs No.1 and 2 and share of the Plaintiff No.3 by metes and bounds in the aforesaid property in the interest of justice.
IN THE ALTERNATIVE
If the aforesa
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