The plaintiff in a suit for partition impugns Ext.P2 findings entered by the learned Subordinate Judge on issue No.10 which was one regarding the propriety of the valuation of the suit for the purpose of court fee. Ext.P1 is copy of the plaint which will show that the suit has been valued under Section 37(2) of the Court Fees and Suits Valuation Act on the allegation that the suit properties are in the joint possession and enjoyment of the plaintiff and the defendants.

There were altogether 26 items of properties sought to be partitioned and as regards item Nos.1 to 8 and 11 to 26 the claim of the plaintiff was that the entire consideration for acquisition of those items was paid by the plaintiff and the defendants 1 and 2 out of their joint funds. As against item Nos.9 and 10 the claim was that those items belonged to the plaintiff and defendants 1, 2 and 8 to 11, having been acquired with their joint funds. Several contentions were raised by the respondents including the contention that the suit has not been properly valued and issue No.10 was raised on the basis of that contention. Even though several decisions of this court laying down that it is the allegations in t