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1976 Supreme(Ori) 58

P.K.MOHANTY
DURA DEO – Appellant
Versus
PIROBATI DEI – Respondent


Advocates Appeared:
R.K.MOHAPATRA, S.Rath

P. K. MOHANTI, J.

( 1 ) THE sole question for consideration in this Civil Revision is whether in a suit for partition of joint family property, the valuation of the suit should be made taking into view the value of the entire property or the share of the property which the plaintiff claims.

( 2 ) THE plaintiff filed Title Suit No. 7 of 1971 in the Court of the Subordinate judge, Sambalpur in forma pauperi for declaration of title to and recovery of possession of the B schedule lands and in the alternative for partition of her share in the A schedule properties. The entire property measuring 25. 78 acres described in Schedule A of the plaint was valued at Rs. 12,000/ -. The plaintiff's share in the property was valued at Rs. 3,000/ -. The B schedule properties measuring 5. 98 acres were valued at Rs. 3,000/ -. During the trial, the plaintiff gave up the relief for declaration of title and recovery of possession of B schedule lands end filed a memo, to that effect. The trial court passed a preliminary decree for partition of the plaintiffs 1/4th share in the A sche dule properties. Aggrieved by the preliminary decree, defendants 1 (a), 1 (b) and 1 (c) filed Title Appeal No. 52 of 1







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