LAWS(P&H)-2008-2-52

MOHINDER SINGH Vs. JAI PAL

Decided On February 19, 2008
MOHINDER SINGH Appellant
V/S
JAI PAL Respondents

JUDGEMENT

(1.) THE petitioner has challeged an impugned an order passed by Addl. Civil Judge (Senior Division), Kurukshetra, whereby he is directed to affix an ad valorem court fee. The petitioner claiming himself to be owner in possession of the suit land has filed a suit for declaration with consequential relief of permanent injunction in regard to a land measuring 8 kanals comprised in khewat No. 8/9, khatoni No. 19, Rect.No. 46, killa No. 14 (8-0), situated in the revenue estate of village Sunaria, Tehsil Thanesar and in regard to land measuring 1 kanal 7 marlas comprised in khewat No. 8, khatoni No. 19, Rect. No. 46, killa No. 7/2 (1-7) situated in the same village. As per averments made in the suit, the defendants, who are cousins of the petitioner-plaintiff, approached him for leasing out the land mentioned above. The petitioner acceded to their request and thus the defendants took him to Babain for executing a lease deed. As per the petitioner, the defendants got some papers written and signed from him. Later he learnt that defendants had got sale deeds executed in their favour in respect of the suit land on different dates, i.e., 5.1.2001 and 7.9.2001. Even mutation No. 992 was got entered in this regard by the defendants. Alleging that the sale deeds are illegal, null & void, ineffective, inoperative and nonest, the present suit is filed.

(2.) COURT fee of Rs. 25/- only is affixed on the suit. The respondents have moved an application seeking direction to the petitioner to affix ad valorem court fee as the petitioner has challenged the sale deeds dated 5.1.2001 and 7.9.2001. As seen from record, these sale deeds are for a consideration of Rs. 2,00,000/- and Rs. 42,500/- respectively.

(3.) THE trial court has allowed the application and has directed the petitioner to affix the ad valorem court fee as per the sale consideration. One month time is granted to comply with the directions. The present revision is directed against the said order.