plantiff would have been in somewhere else , as co sharer is also be deemed to be in position of property, court fees paid only under section 37 (2)

Citation

CDJ 1979 SC 058

Neelavathi and others vs M.Natarajan and others

Head note

The averments in the plant that the plaintiff could not remain in joint possession as he was not given any income from the joint family property would not amount to his exclusion from possession