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1969 Supreme(Ori) 13

A.MISRA
TUTIKA LAKSHMINARAYANA – Appellant
Versus
PATHARLA SARASWATI – Respondent


Advocates Appeared:
A.MOHANTY, B.K.PAL, N.B.K.Murty, N.V.RAMDAS

A. MISRA, J.

( 1 ) THIS is a reference by the taxing Officer on the objection raised by the Stamp reporter that the memo of Appeal has not been properly valued and court-fee paid is insufficient.

( 2 ) PLAINTIFF and defendants Nos. 1 to 3 are the successors to the deceased sreeramulu. A previous partition suit filed by a cosharer of deceased Sreeramulu was decreed in which the latter was allotted 1/4th share. In the said partition proceeding, plaintiff sought to get her share separated from the other heirs of the deceased Sreeramulu, but ultimately she was directed to file a separate partition suit. Accordingly, she filed the partition suit, out of which, this appeal has arisen for allotment of 1/4th share in the properties described in Schedules A and B belonging to deceased Sreeramulu including the share which had been allotted to him in the previous partition suit. The trial court decreed the plaintiff's suit allotting 1/8th share in the A Schedule properties and 1/4th share in the B Schedule properties. Defendants Nos. 1 to 3 have preferred this appeal challenging the trial court decree, so far as the allotment of 1/4th share in the B schedule properties is concerned, besides




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