ORDER
K.B. Siddappa, J.
1. This Revision is filed against the order passed in O.S.S.R.No.1903/94 on the file of Subordinate Judge, Vikarabad.
2. The Suit was filed for partition in respect of B & C Schedule lands and also in respect of A schedule property which was acquired and compensation was also taken away by the defendants. The lower Court, in respect of B & C schedule properties held that they are in joint possession of the plaintiffs and defendants. But in respect of A schedule property, which was acquired by the Land Acquisition Officer and the compensation was also distributed among the defendants, the lower Court held that it is not in joint possession of the parties. The present suit is virtually for recovery of the share of the plaintiffs from out of the compensation amount granted in respect of A schedule property. To this effect there is an averment in the plaint also in para-5. Therefore, the lower Court directed the plaintiffs to pay Court fee on each 1/10th share of the plaintiffs, on the amount of Rs. 1,97,993/- under Section 34(1) of the A.P. Court Fees and Suits Valuation Act.
3. Against the said order, the present Revision is filed, by the plaintiffs.
4. The order of the lower Court cannot be held bad in view of the judgment of a Bench of this Court in Md. Saleha and Ors. v. Md. Yunus and others, 1994(1) ALT 365 (D.B.). In the said case, it was held that in a suit for partition of property, be a Mohammedan, or a Hindu, the Court Fee is payable under Section 34(2) of the Act if he proves his joint possession or co-ownership, and the Court fee is payable under Section 34(1) of the Act, if he is not in possession. In the case on hand, the amount is already distributed among the defendants. The plaintiffs have filed the Suit in respect of this amount for recovery of their shares. Therefore, they have to pay the Court fee under Section 34(1) of the Act. There are no grounds to interfere with the order under Revision.
5. Hence, the Civil Revision Petition is dismissed and in the circumstances, without costs.
