Partition suit - Question of title - In a suit for partition, the Civil Court cannot go into the question of title, unless the same is incidental to the fundamental premise of the claim - court fee for declaration suit based on property value - in partition suit court fee paid only on share on plaintiff.

Citation 

AIR 2023 SUPREME COURT 3361

SUPREME COURT

: AIROnline 2023 SC 494 (From : Hyderabad)

V. RAMASUBRAMANIAN , J. and PANKAJ MITHAL , J.

Civil Appeal Nos. 4049-4053 of 2023, (Arising out of SLP (C) Nos.2373-2377 of 2020) with

Nil of 2023 (Arising out of SLP (C) No.24098 of 2022), Nil of 2023 (Arising out of SLP (C)

Nos.8884-8887 of 2022), Nil of 2023 (Arising out of SLP (C) No.2203 of 2022), Nil of 2023

(Arising out of SLP (C) No.256 of 2022), Nil of 2023 (Arising out of SLP (C) Nos.8888-8891 of

2022) Nil of 2023 (Arising out of SLP (C) No.1584 of 2022), Nil of 2023 (Arising out of SLP (C)

No.980 of 2022), Nil of 2023 (Arising out of SLP (C) No.8872 of 2022), Nil of 2023 (Arising out

of SLP (C) No. of 2023) (Arising out of Diary No. 19266 of 2022, D/- 15 - 6 - 2023

M/s. Trinity Infraventures Ltd. and Ors. Etc. v. M.S. Murthy and Ors. Etc