kiran (practise) 18 July 2011

Suit for Partation

There is suit for partation. I am defendant no. 1. There are 4 defendants. One plaintiff. In this case, plaintiff has mentioned his physical possesion on the suit, but defendant has failed to mention there physical/ constructive or permissive possesion in the written statment.

In a suit for partation, if the party is in physical or constructive possesion then he can file a suit at Rs. 200 stamp paper.

If the person, if not in physical or constructive possesion then need to pay the stamp duty of the suit for partation while filing a case.

Here, in this case, the defendant has not mentioned his physical or constructive possesion. If, in the case like this where defendant has failed to mention his possesion in his written statment, whether he is liable to pay cost./ stamp duty of the case.

Is suit liable to be dismissed on this ground?

Can i file a any application taking a plea that i since the defendant has failed to mention his possesion details in the written statment, suit is liable to be dismissed.

Please let me know, what else can i do to prove my abovementioned facts.

Thank you.

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6 Replies

P V Namjoshi (pvnamjoshi@gmail.com) 18 July 2011

Things are not like. A confused state of mind. Please let me know from which state you belongs so that question of court fee may be settled.

Alok Tholiya (self employed) 19 July 2011

Why govt even after 60 yrs cant have all states to enact similar laws? It is so much puzzling that we have to understand various laws of differant states. Like I may be living in Mumbai but may have factory in silvassa, office in Gujrat and a property in my ancecstral town in Rajasthan. Then how to remeber so many laws ?

kiran (practise) 19 July 2011

The state is New Delhi.

P V Namjoshi (pvnamjoshi@gmail.com) 19 July 2011

Generally as per Court Fee Act suit for partition of non- agricultural land or property is valued for the purposes of court fee and jurisdiction of the court is Sec.7 (vi-a) There may be state amendment in it. Therefore please go through it.

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kiran (practise) 20 July 2011

Well, as per the rule if the party is in constructive or physial possesion then he can file a suit of Rs. 200 stamp paper. But, in this case, the party has not mentioned whether he is in physical of constructive possesion.

Is he not liable to pay court fee because of the abovmentioned fact?

kvss.prabhakar rao (Advocate ) 15 August 2011

Mr. Kiran , defenednats in partitin suit need not specicaly prove thier posssion because the theaory of advese posession will not be applicable to Co- Sharers, Hence the defendants posessiion is deemed posession , All the share holder hav consturcitve and joint posessiion even one of share holder in posession.

K.V.S.S PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P.)