VAIDIALINGAM
Lakshmanan Nadar – Appellant
Versus
Krishnan Nadar – Respondent
1. The point that arises for consideration in this C.R. P. is as to whether the view of the learned Subordinate Judge of Trivandrum, that the present suit comes within the category contemplated under S.3, sub-section 4, clause (e) of the Travancore-Cochin Court Fees Act (Act 2 of 1125) is correct.
2. The suit itself is for partition and separate possession of the shares claimed by the plaintiffs in the properties which, according to them, are held jointly as co-owners with definite shares. The plaintiffs claim partition and separate possession in the following manner:
59/216th share in items 1 and 2;
13/54th share in item 3;
1/3rd share in item 4;
1/2 share in items 5 to 10;
1/3 share in item 11; and
1/2 share in items 15 and 16.
3. The general allegations in the plaint are to the effect that the plaintiffs are entitled to the shares mentioned above and that the properties are held by the plaintiffs and the defendants as co-owners entitled to definite shares.
4. The plaintiffs valued the jenma of their share at Rs. 500 on the basis that the suit comes within S.3, sub-section 4, clause (e) of the Court Fees Act. The suit itself was filed in the court of the District Munsiff of N
AIR 1940 Mad. 113; AIR 1947 Bom. 259; 56 MLJ 394; AIR 1944 Mad. 315;
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