AIR 1991 DELHI 48 ::(1990) ILR(Del) 2 DEL 326 ::(1991) ILR 2 P&H 345 ::1990 Punj LJ 562 ::1990 RevLR 2 409(1) ::(1991) 1 RRR 253(1) ::(1990) ILR 2 DEL 326 ::(1991) MarriLJ 23 ::1991 HRR 72 ::1990 (19)DRJ241 ::(1991) 1 LJR 218 ::(1991) 1 Pun LR 60 ::(1991) 1 LandLR 209 ::(1990) 2 CurLJ(CCR) 663 ::(1991) 2 CurLJ(CCR) 333

Delhi High Court

Hon'ble Judge(s): P. K. Bahri , J

Court-fees Act (7 of 1870) , S.7(iv)(b), Sch.II, Art.17(vi)— Suit for partition of joint family property and seperate possession -Fixed Court-fee is payable only in case plaintiff is in joint possession of property -Plaintiff not in physical possession and not even allowed to visit property by defendants - It cannot be inferred that plaintiff was in joint possession of property - Plaintiff has to pay ad valorem Court-fee in respect of the share claimed. Case law discussed. (Para 3)