LAWS(RAJ)-2019-5-472

DEVNARAYAN SHARMA Vs. RAMPHOOL AND ORS.

Decided On May 10, 2019
Devnarayan Sharma Appellant
V/S
Ramphool And Ors. Respondents

JUDGEMENT

(1.) The question raised by the petitioner by way of this writ petition is with regard to the applicability of Sec.7 of the Rajasthan Court Fees and Suit Valuation Act, 1961 (hereinafter referred to as "Act of 1961') in relation to the suit referred to by the petitioner seeking specific performance and for declaring sale-deed null and void and for permanent injunction filed by the petitioner-plaintiff. On an application moved by the defendant, the trial court has directed the petitioner to pay court fees on the valuation of the sale-deed in terms of Sec.7 of the Act of 1961.

(2.) The contention of the petitioner is that as the main relief prayed for is for specific performance of the agreement entered into between the plaintiff and defendants, and the prayer for declaring the subsequent sale-deed as null and void is an ancillary relief, therefore, in terms of Sec. 6 (1) proviso, he is not required to pay court fee with regard to the ancillary relief. Sec. 6(1) of the Act of 1961 reads as under:

(3.) It is his further submission that as he has not executed or party to the subsequent sale-deed executed between the respondents, in view of law laid down by Apex Court in Suhrid Singh @ Sardool Singh Vs. Randhir Singh and ors. reported in AIR 2010 SC 2807, the court fee on the valuation of the sale- deed executed between the respondents, is not required to be paid as he is not seeking prayer for cancellation of the sale-deed but he is only praying for declaring it null and void.