- (1.) THIS is an appeal under Section 6-A of the Court Fees Act (hereinafter called the Act).
(2.) THE plaintiff, his two brothers (de fendants Nos. 1 and 3) and their father Piarey Lal constituted a Hindu Joint Family. Piarey Lal died on 9-3-1966; whence, the Share of each of his sons in the coparce- nery property became 1/3rd by survivorship. Piarey Lal in his capacity as the Karta of the family had purchased two bungalows with joint family funds. The bungalows be longed to the joint family. Shortly before filing the suit the plaintiff came to know that taking undue advantage of Piarey Lal's old age and mental and physical infirmity, defendant No. 1 in collusion with defendant No. 3 had managed to get a deed dated 24-10-1945 executed by Piarey Lal transfer ring the bungalows in question to his wife, defendant No. 2. The said deed is void and no title passed to defendant No. 2 there under; nor is the plaintiff in any way bound by the same. Upon these allegations, the plaintiff-appellant filed the suit for partition and separate possession of his 1/3rd share in the bungalows. Defendants Nos. 1 and 2 denied the plaintiff's claim and asserted that the bungalows were in reality purchased by de fendant No. 2 herself with her own funds, but benami in Piarey Lal's name and never belonged to or were possessed by the co-parcenery. In order to avoid any dispute in future Piarey Lal subsequently executed the deed dated 24-10-1945, honestly and truth fully acknowledging and admitting the real facts. It was also pleaded that defendant No. 1 was living separately from his father and brothers since 1927. It was further pleaded that the suit was undervalued and that the plaintiff had not included in the plaint some other property, which was the only property of the family.
(3.) THE plaintiff amended the plaint by including another property and valuing the bungalows at the market value as deter mined by the court on the basis of the re port of the appointed by it. The plaintiff thereafter paid additional court-fees, and there is no dispute that the total court-fee of Rs. 1307.50 P. paid by the plain tiff is adequate for the relief of partition of the bungalows and the other subsequently included property.;