Suit for partition - Sec.34 of A.P.S.V.& C.F. Act - Under Section 34(2), in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiff's are in joint possession of such property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs. 10,000/-, is only Rs. 200/-. In the instant case, the plaintiff's have asserted that they are in joint possession of the properties sold by the Defendants 1 to 4 in favour of the 7th defendant. Therefore, the Court fee payable by them is only Rs. 200/-, which was already paid.

Suit for partition - Sec.34 of A.P.S.V.& C.F. Act - Under Section 34(2), in a suit for partition where the plaintiffs are seeking partition of suit and separate possession of the joint family properties, and if the plaintiff's are in joint possession of such property, the Court fee payable in respect of the suit for partition, where the value is over and above Rs. 10,000/-, is only Rs. 200/-. In the instant case, the plaintiff's have asserted that they are in joint possession of the properties sold by the Defendants 1 to 4 in favour of the 7th defendant. Therefore, the Court fee payable by them is only Rs. 200/-, which was already paid.

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Court fee - Sec.34 of A.P.C.F & S.V.Act - partition of Plaints-A and B-Schedule properties, in the manner pleaded by her, and for grant of future profits. Plaint-A Schedule comprised of, four items of immovable properties, and Plaint-B Schedule comprised of, nine items of jewellery. Pleading that the parties are in joint possession of the said properties, the petitioner paid Court-fee of Rs. 200/- under Sub-section (2) of Section 34 of the A.P. Court Fees and Suits Valuation Act, 1956 (for short 'the Act'). The trial Court returned the plaint, through its order dated 23-6-2006, directing the petitioner herein, to pay Court fee on movable properties, on her shares, as per the Act, within the time stipulated by it.= In the instant case, the petitioner asserted that, herself and the respondents are in joint possession of the Plaints-A and B-Schedule properties. In a way, the trial Court was satisfied, that the immovable properties mentioned in Plaint-A schedule are in joint possession, and in that view of the matter, it did not insist on payment of ad-valorem Court-fee, on such items. It, however, took a different view, as regards the movable properties. Neither from the plaint, nor from the endorsement made by the trial Court, it is found that there is any distinction, as to the nature of rights claimed, in respect of Plaint-A Schedule properties, on the one hand, and Plaint-B schedule properties, on the other hand. In fact, the nature and incidence of possession, of an immovable property, gives rise to, relatively greater consequences of law, than the possession of an item of movable property. The possession of an item of immovable property can be said to be more assertive, firm and lasting, than the one, of movable property. The endorsement made by the trial Court cannot be sustained, either on law, or on facts. 2015 A.P.(2006)MSKLAWREPORTS

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