Venkatasubba Rao, J - (1.)The suit as framed is one for partition of the joint family property of a coparcener in possession, and that being so, the provision of the Court-fees Act, that applies, is Section 7 (iv)(b), which reads thus: To enforce the right to share in any property [on the ground that it is joint family property : Rangaiah Chetty V/s. Subramania Chetty (1911) 8 IC 512 (FB).
(2.)The valuation of the relief under that section rests with the plaintiff, who has valued it at Rs. 10, and I must hold that the proper court-fee has been paid in respect of this relief. There is no allegation in the plaint that the plaintiff became divided in status, and there is nothing to show in what circumstances he was allowed to put forward such a case at the trial. It is suggested, that probably at the framing of the issues, on the statements made by the party or his counsel, an issue was raised as to whether there was a division in status. With this I am not concerned and I do not propose to consider whether the plaintiff should have been allowed to put forward a different case without amending his plaint. If the claim is to be treated as by a divided member, Mr. Rajamannar, contends that not only would the court-fee payable be different (he argues that Art. 17-B, Schedule 2 would then apply) but that even a question of jurisdiction would arise. As I have said, all that I am now concerned with is what is the proper court-fee payable on the plaint as it stands? I wish to make it quite clear that that is the only question with which I can now deal.
(3.)There is a further relief prayed for in the plaint, namely, that certain alienations made by the Official Receiver should be set aside. The plaintiff alleges that his father, defendant 1, became insolvent, that the latter's debts arc not binding upon his share and that therefore lie is not bound by the sales made by the Official Receiver, defendant 7. On that ground, he prays for a declaration that the sales are not binding, and further that they may be set aside. Mr. Rajamannar contends that it is obligatory upon the plaintiff to get the sales. set aside and that being so, Section 7(iv)(A) applies. It reads thus: In a suit for cancellation of a decree for money or other property having a money value or other document securing money or other property having such value, according to the value of the subject-matter of the suit.