Supreme Court of India
Jagannath Amin v. Seetharama (dead) by Lrs. and Ors.
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From the headnote
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 plaintiff that property is agricultural property and being co-owner, presumed to be in constructive possession, court fees under section 35(2) payable on deemed market value-Defendant's plea that prop~rty is a house site and court fees 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 averment in the plaint
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