JUDGEMENT
Venkataramana Rao, J -
(1.)The question raised in this revision petition relates to the amount of court-fee leviable on the plaint in the suit. The suit is for a partition of joint family properties of the plaintiffs and their father defendant 1. The plaintiffs who are entitled to a two-third share therein, seek partition and delivery of their separate share and also an account of the income of the properties. So far as the prayers relating thereto are concerned, the plaint has been properly valued, but the controversy has arisen in regard to the relief they seek in respect of the debts contracted by defendant 1. Defendants 2 to 14 are his creditors and the plaintiffs are questioning the binding nature of the said debts. The material allegations relating thereto are as follows: The next friend of the plaintiffs learnt that defendant 1 had even afterwards been persisting in his former habits and he was giving out that he was indebted to the other defendants to the extent of Rs. 60,000 having borrowed from time to time on promissory notes. He seems further to have stood surety to his son-in-law Vanji Aiyar to the extent of Rs. 30,000 to defendant 9. The next friend submits that these debts are not binding on the minor plaintiffs as there was no necessity to borrow on behalf of the family, nor defendant 1 had any right to give the surety bond so as to bind the minors . . . . The plaintiffs are entitled to a division of the immoveable properties of the family by metes and bounds corresponding to their two-third share and to be put in separate possession of the same without any liability for the debts in favour of the other defendants. They are entitled to an injunction against the defendants restraining them from seeking any relief against the plaintiff's share of the family properties.
(2.)The prayer in para. 12(f) of the plaint is as follows: That defendants 2 to 14 may be restrained by permanent injunctions from proceeding against the properties of the plaintiffs for the debts contracted by defendant 1.
(3.)The relief is valued thus: Rupee 1-1-0 for each of the 13 injunctions sought for against defendants 2 to 14 Under Schedule 7 (iv) (d) and (f), Court-fees Act.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.