RAGHVENDRA KUMAR,J. - (1.) Heard Sri Ram Krishna Kohli holding brief of Sri Ajay Kumar Srivastava for the appellant and Sri Vikash Rana holding brief of Sri Bharat Singh for Caveator - respondent no. 7.
(2.) Under assail in the present First Appeal From Order is the order dated 9.9.2015 passed by Civil Judge ( Senior Division), District Budaun in Original Suit No. 240 of 2014 (Ashok Kumar Singh Vs.Meera Rathore and others) whereby Issue No.3 relating to payment of Court Fees has been decided against the plaintiff and he has been directed to comply with the order and pay the Court Fees as per Section 7 (IV -A) of the Court Fees Act.
(3.) The brief facts of the plaint are as follows: The plaintiff has claimed himself to be the owner in possession of a double storied Kothi, the description of which is contained in paragraph 1 of the plaint which has been assigned the nomenclature of the property in dispute in further part of the plaint. The disputed Kothi belonged to late Mohan Singh who executed a registered will deed dated 22.8.1997 in favour of the plaintiff alleged to be first and the last will with respect to Kothi in dispute. The plaintiff has given the details of successor of deceased Hira Singh in paragraph No.3 of the plaint. Mohan Singh died on 14.12.2003 whereupon registered will deed dated 22.8.1997 came into operation. The plaintiff is owner in possession of the Kothi in dispute and his name has been mutated as owner in Nagar Palika Parishad, Budaun. The deceased Mohan Singh had executed will deed dated 22.8.1997 with respect to agricultural land Khasra No. 82, area 9.347 Hect., Khasra land No. 104 area 0.417 Hect., Khasra land No.278 area 0.202 Hect., Khasra land No.305 Minjumla (part) area 0.190 Hect., Khasra land No. 306 area 0.810 Hect., Khasra land No. 345 area 0.278 Hect. and Khasra land No.80/371 area 0.051 Hect. whereby the half of the said landed property came to the share of the plaintiff and half went to the share of his nephew Virendra Pal Singh which is first and last will with respect to landed property situate Gram Gurai, hamlet Pargana Ujahni, Tehsil and District Budaun. Virendra Pal Singh died on 8.8.2000, during the life time of Mohan Singh who died on 14.12.2003. As such the name of the plaintiff was mutated in revenue record in place of deceased Mohan Singh. Mohan Singh during his life time on 8.3.2003 executed an unregistered will deed of landed property bearing Khasra No. 116 area 0.202 Hect.and land Khasra No. 205 area 0.316 Hect. situate at Gram Badarpur, Pargana Ujahni, Tehsil and district Budaun, which is comprised of a grove yard, one building which is alleged to be the first and last will whereby after death of Mohan Singh the property referred to above was mutated in the name of plaintiff in revenue record. The wife of Mohan Singh died on 6.1.2000 during his life time without having any issue. Mohan Singh, vide registered adoption deed dated 27.4.2000, adopted defendant no. 1, daughter of the plaintiff named as Sitanshu whereafter the name of defendant No. 1 was changed as Meera Rathore in place of Sitanshu. The defendant no.1 developed relation with a muslim youth named as Abrar Kamal and solemnized marriage with him. The plaintiff came to know all above referred will deed through one of the witness Sri Mahendra Pratap Singh whereafter his name was mutated in the records. Defendant No. 1 showing herself to be the owner of the disputed Kothi executed a sale deed in favour of defendant nos. 2 to 7 for which she has no legal authority. The boundaries and description of the property has wrongly been alleged in the sale deed. No consideration amount passed in favour of the defendant no. 1 since sale deed was never given effect to hence defendant no.1 had no right to transfer the possession of the property in dispute in favour of defendant nos. 2 to 7. The sale deed dated 9.6.2014 has been assailed on the ground mentioned in paragraph 18 of the plaint. The defendant nos. 2 to 7 in collusion with defendant no.1 tried to take the possession of the property in dispute ( Kothi) by virtue of sale deed dated 9.6.2014 which could not be materialized due to intervention of mohalla people. The plaintiff asked the defendants to get sale deed cancelled since defendants did not agree, hence cause of action accrued in favour of the plaintiff. After obtaining the copy of sale deed the plaintiff came to know about real facts. The defendants finally refused on 10.6.2014 to get document cancelled. The valuation of the suit has made on the basis of the market value of the property for Rs. One Crore and the Court Fee has been paid by the plaintiff in terms of Art. 17(iii) of Schedule ­II of the Court Fees Act on the relief of declaration prayed that registered sale deed dated 6.9.2014 be declared as void and ineffective. ;