Rajasthan Court Fees & Suit Valuation Act, 1961–Secs. 35(1) & (2)–Applicability of provision–Suit for partition of the property which was jointly purchased–In the joint and undivided property, each and every co-sharer is treated as having the possession–The possession may not be misconstrued with the actual physical possession–As per pleadings of the plaint, the case falls u/s. 35(2) of the Act–Trial Court committed error in giving the direction of paying the court fees on the ground of the market value of the property.
