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2006 Supreme(SC) 1083

LOKESHWAR SINGH PANTA, ARIJIT PASAYAT
Jagannath Amin – Appellant
Versus
Seetharama (dead) – Respondent


JUDGMENT

Arijit Pasayat, J. - Leave granted.

2. Challenge in this appeal is to the order passed by a learned single judge of the Karnataka High Court dismissing the Civil Revision Petition filed by the appellant.

3. Challenge before the High Court was to the order passed by learned First Additional Civil Judge, Junior Division, Mangalore, holding that Section 35(1) of the Karnataka Court Fee and Suit Valuation Act, 1958 (in short the Act) was applicable and not Section 35(2) of the said Act in a suit for partition relating to agricultural land. Originally the suit was filed by the appellants mother. She had filed the suit for partition of the scheduled property claiming that the same should be divided into two equal shares by meets and bounds through the process of Court. Plaintiff had filed suit under Section 7(2)(d) of the Act and paid court fee of Rs. 200/- under Section 35(2) of the Act. Four defendants filed written statement. Defendant Nos. 2 and 3 also filed written statement separately. After hearing the appellant, learned First Additional Civil Judge framed several issues on 19.12.1998. Appellant contended before the trial court that being a co-owner under the law she is pre



















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