Case Name : Saroj Salkan vs Capt. Sanjeev Singh & Ors Case Reference: (2008) 155 DLT 300 (DB) Case Number: FAO (OS) No. 239/2007 Court: Delhi High Court Bench: Division Coram: AK Sikri & Manmohan Singh (author) Date: 28.11.2008
In a suit for partition, an appellant who is not in physical possession for suit properties is liable to pay only fixed court Fee and not ad valorem court fee Since in partition, being a co-owner, possession of one is possession of all. In this case, the property was rented out and rent was realised by all parties to the suit.
Judgments referred: Jagannath Amin vs Seetharama & Ors Neelavathi vs N Nataranjan
See also: CFA - Section 7 CFA - Schedule II, Article 17 CPC - Order VII rule 10 CPC - Order VII rule 11