Supreme Court · 2006 INSC 813 · Decided 9 November 2006
Jagannath Amin v. Seetharama (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 813 · [2006] SUPP. 8 S.C.R. 778
- Case number
- CIVIL APPEAL No. 4739/2006
- Decided
- 9 November 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
TH AMIN v. SEETHARAMA (DEAD) BY LRS. AND ORS. NOVEMBER 9, 2006 B [ARIJIT PASAYA T AND LOKESHW AR SINGH PANTA,JJ.] Karnataka Court Fee and Suit Valuation Act, 1958-Sections 7(2)(d) and 35(1) & (2)-Suit for partition-Computation of court fees-Piea of C plaintiff that property is agricultural under section 35(1) payable on actual market value-Courts below holding that section 35(1) applicable-Sustainability of-Held: Court fees is payable under section 35(1) when there is a clear and specific D averment in the plaint that the plaintiff is in 'excluded' possession of the joint
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