Telangana High Court
C. Sudha vs B. Narsi Reddy on 28 June, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CIVIL REVISION PETITION No.1930 of 2024
ORDER:
This revision is directed against the order dated 02.04.2024, directing the petitioner/plaintiff to pay Court Fee under Section 34(1) of the Court Fee and Suit Valuation Act, 1956 (for short, the 'Act').
2. Heard learned counsel appearing for petitioner. None appeared for respondents.
3. The Original Suit has been filed by the plaintiff for partition and separate possession of her share. Along with the suit, she has paid a fixed Court Fee of Rs.200/- under Section 34(2) of the Act. The office of the trial Court has taken objection that Court Fee should be paid under Section 34(1) of the Act but not under Section 34(2), on the ground that the suit schedule property was alienated to defendant Nos.4 to 42 and it is not in possession of joint family members i.e., plaintiff and defendant Nos.1 to 3. The contention of the petitioner is that the suit schedule land is undivided Hindu joint family property and that plaintiff and 2 defendant Nos.1 to 3 are in joint possession of the same being coparceners, therefore, a fixed Court Fee of Rs.200/- is sufficient under Section 34(2) of the Act.
4. Learned counsel for petitioner has relied on the judgment of the erstwhile High Court of Andhra Pradesh in the case of R.V.Bhuvaneswari and others v. Ponnuboina Chencu Ramaiah (died) and others 1, wherein, it is held as follows:
6. Under Section 34(2), in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiffs are in joint possession of such property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs.10,000/-, is only Rs.200/-. In the instant case, the plaintiffs have asserted that they are in joint possession of the properties sold by the Defendants 1 to 4 in favour of the 7th defendant. Therefore, the Court fee payable by them is only Rs.200/-, which was already paid. However, even if there is any dispute as regards to joint possession, the office of the Court cannot decide whether they are in possession or not, but it is a matter to be decided after trial of the suit only.
5. Admittedly, the present suit is also for partition of joint family properties. In view of the aforesaid judgment, a fixed 1 2004 (1) ALD 539 3 Court Fee of Rs.200/- in terms of Section 34(2) of the Act is sufficient.
6. Accordingly, this Civil Revision Petition is allowed setting aside the order dated 02.04.2024 passed by the Principal District Judge, Narayanpet in O.S.No....... of 2024 (C.F.R.No.66 of 2024). The trial Court is directed to number the suit, take it on board and proceed with the trial in accordance with law. No costs.
Pending miscellaneous applications, if any, shall stand closed.
_______________________ JUVVADI SRIDEVI, J Date: 28.06.2024 rev