THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5033 OF 2010 DT.25.02.2011 Between: Sai Raghu …….Petitioner Vs. M.Premalatha and another ……..Respondents O R D E R: The petitioner/defendant filed this revision petition under Article 227 of the Constitution of India, assailing the correctness of the order passed in the application purported to have been filed under Section 11 of the Andhra Pradesh Court Fee and Suit Valuation Act, read with Section 151 o C.P.C., in I.A.No.371 of 2007 in O.S.No.129 of 2005 to direct the respondents/plaintiffs to pay proper court fee by valuing the properties at the market value was dismissed. The case of the petitioner in brief is that in the said suit filed by the respondents, the petitioner took plea that he is in exclusive possession of the property and as the court fee paid by the respondents is not sufficient for grant of the relief sought for in the suit, the fixed court fee cannot be paid by the respondents and therefore prayed to direct the respondents to pay the deficit court fee. Eventhough such a plea was taken by the petitioner, the court below holding that as the petitioner is not in exclusive possession of the property, there is no necessity of the respondents to pay the court fee by valuing the properties at the market value and as the respondents have paid the court fee fixed by the Chief Judge, dismissed the said application. On perusing the material placed before this Court, I am of the view that basing on the own admission made by the respondents stating that the schedule property is a joint family property, the court below rightly held that the court fee paid by the respondents is sufficient. Hence, I am not inclined to interfere with the order of the court below. The revision petition is, therefore, dismissed. However, it is open for the petitioner to substantiate his case by adducing proper evidence and the court below is directed to go into the same and dispose of the suit. No order as to costs. ________________ B.PRAKASH RAO J., Dt.25.02.2011 tjs