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1965 Supreme(HP) 18

OM PARKASH
Mina Ram – Appellant
Versus
Amolak Ram – Respondent


Advocates:
Ramji Dass, for Petitioner; Chhabil Dass for Respondents Nos. 1 and 4; Dhian Chand, for the State other respondents ex parte.

Judgement

ORDER :- This revision-petition is directed against an order of the learned Senior Subordinate Judge, Mahasu, calling upon the petitioner to pay additional court-fees, on the plaint filed by him.

2. The petitioner had brought a suit, against respondent No. 1 and others, for a declaration that the lands and houses, described in the plaint, were joint Hindu family properly of the petitioner and respondent No. 1, for separate possession, by partition, of his half share, in the houses and for rendition of accounts. The suit was based, in brief on the following allegations :

3. The petitioner and respondent No. 1 are real brothers Respondent No. 2 is their step-brother. Their father died in August, 1932, leaving behind movable and immovable properly. The petitioner and respondents Nos. 1 and 2 held the property, after the death of their father, as members of a joint Hindu family. After some lime, respondent No. 2 separated, but the petitioner and respondent No. 1 continued to be joint. With joint funds, the petitioner and respondent No. 1 acquired more lands, built more houses and also laid an orchard and nursery. The property, acquired with joint funds, was the joint Hindu famil





















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