Supreme Court of India
Neelavathi and Ors. v. M. Natarajan and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result the appeal is allowed with cost. Ae we have found that the Trial Court was in error in directing the plaintiffs to pay the court fee under S. 37(1), the preliminary decree for partition and possession of 1/72 share in the B. Schedule properties and the shares in deposit in State Bank of India at Pollachi, and in the share in the Gnanambika Mills, is confirmed. The direction by the Trial Court as to payment of Court Fee under S. 37(1) of the Court Fees Act and the judgment of the High Court in A.S. No. 924/1974 and A.S. 811/75 are set aside.
Judgment, pp. 313-314
In brief
The five plaintiffs (appellants) were sisters of defendants 1 and 2; all were children of Muthukumaraswamy Gounder, who died intestate in 1962, his father Vanavaraya Gounder having managed the ancestral joint family property until his own death in 1972. The plaintiffs claimed shares in the suit properties as heirs of both their father and their grandfather, pleaded that they were co-owners in joint possession, and sued for partition and separate possession, paying court fee at the rates prescribed by section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act.…
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Where later benches applied it
Of those, 1 mentioned
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