Prince Azmet Jah’s Petition Dismissed

The Telangana High Court has dismissed a civil revision petition filed by Prince Azmet Jah, a member of the former Nizam family, and another person in a dispute related to the partition of properties. Justice P. Sam Koshy dismissed the petition on September 18. The case concerns a suit seeking partition and separate possession of five properties, along with a request to declare a 2018 sale deed related to the King Kothi/Nazri Bagh property invalid.

The petitioners argued that the plaintiff should have paid court fees based on the market value of his share under Section 34(1), instead of paying a fixed fee under Section 34(2), as the plaint itself stated that the first defendant was in exclusive possession of the properties. The High Court, however, held that whether the plaintiff is a co-sharer, whether the parties are in joint possession, and which provision applies for payment of court fees must be determined during the trial based on pleadings and evidence. The court found no grounds to interfere under Article 227 and dismissed the petition.