Rajasthan Court Fees & Suit Valuation Act, 1961–Sec. 35(1) & (2)–Code of Civil Procedure, 1908–Order 7, Rule 11–Whether the plaintiff has been excluded from the possession–Determination of–There should be a clear and specific averment in the plaint that he has been excluded from joint possession to which he is entitled by law–Specific pleadings of plaintiff that he is in joint possession of the property of the joint family being a coparcener and first class heir–For deciding the application under Order 7, Rule 11, the averments made in plaint are only to be read–Present case is governed by Sec. 35(2) and not by Sec. 35(1).
