Mst. SHAH JEHAN BEGUM vs MUHAMMAD SIDDIQUE AND 5 OTHERS — 1971 PLD 920

Citation: 1971 PLD 920

Court: Sindh High Court

Year: 1971

Decision Date: 1971-06-04

Parties: Mst. SHAH JEHAN BEGUM vs MUHAMMAD SIDDIQUE AND 5 OTHERS

Headnotes

Case cited as PLD 1971 Karachi 920

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: Mst. SHAH JEHAN BEGUM vs MUHAMMAD SIDDIQUE AND 5 OTHERS Case No.: First Appeal No, 30 of 1971 Date of Judgment:1971-06-04 Reported As: PLD 1971 Karachi 920 Result: Order accordingly JUDGMENT JUDGMENT The Office has taken an objection to the court-fee of Rs, 45 paid by the appellant on this appeal and has referred the case for orders on the subject. The suit giving rise to this appeal was for partition and separate possession of certain assets left behind by Haji Mohammed Shafi, the father of the plaintiff who is now the appellant. The plaintiff had further sought a declaration that she held 3(1/2) out of 24 Sehams in certain business enterprises owned formerly by her deceased father and also claimed `mesne profits' with effect from 1 7-10-63 calculated according to her aforesaid share. The appellant contended in the suit that amongst the assets left behind by her deceased father was house No, B-2732 which was in her possession as well as of her mother, respondent No, 6. On these assertions the appellant paid a fixed court-fee on the relief of partition relying on Article 17 (vi) of the Second Schedule to the Court Fees Act 1870. 2. The learned Civil Judge, Sukkur, who heard the suit, came to hold that the appellant had not been able to prove that she was in joint possession of the aforesaid house along with respondent No, 6. Consequently he held that the court-fee ought to have been paid on the market value…

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