court fees act for partition suit

The court fees act for partition suit of joint property states that if the plaintiff is in joint possession of property then only fixed court fees to be paid and if exclusion is there then ad valorem. I have come across a reportable sc judgement neelavathi vs Natarajan 79 where the hon supreme court has stated that until and unless nature of property as joint or right to share in the property is not disputed, the plaintiff has to pay fixed court fees. Does it mean that in cases w.here the jointness of property is disputed or is an issue and/or plaintiff right to share is disputed the plaintiff has to pay ad valorem court fees even exclusion is not stated.