BALA KRISHNA NARAYANA,J. - (1.) Heard Sri Santosh Kumar Srivastava, learned counsel for the appellant.
(2.) The appellant filed the Original Suit No. 343 of 2011 before the Civil Judge (S.D.), Baghpat with the following reliefs : (i) for a declaration that the plaintiff-appellant be declared owner in possession of 1/4 portion of the land described at the foot of plaint and the industrial property / brick kiln existing at Khasara No. 500 area 2.4030 hectare situate in village Jalalpur, Tehsil Badaut, District Baghpat. (ii) For a decree for permanent injunction restraining the defendant from interfering with the plaintiff's ownership and possession over 1/4 share of the suit property. (iii) Sale deed dated 21.10.2009 registered in the office of Sub-Registrar Badaut in the book number first, division 2343, page 327/356, serial no. 9715, sale deed dated 21.5.2010 registered in the office of Sub-Registrar Badaut in the book number first, division 2566, page 165/190, serial no. 4415, sale deed dated 21.5.2010 registered in the office of Sub-Registrar Badaut in the book number first, division 2566, page 191/214, serial no.4416 and sale deed dated 26.7.2010 registered in the office of SubRegistrar Badaut in the book number first, division 2640, page 349/368, serial no. 6687 be declared as null and void and an endorsement in this regard may be made in the record of the office of Registrar Badaut on the relevant page book division and serial number. (iv) The defendant be directed to pay cost to the plaintiff. (v) Any other relief which the Court may deem fit and proper to grant to the plaintiff under the circumstances of the case.
(3.) By the impugned order, the issue regarding the payment of Court fee has been decided by the learned Senior Judge holding that although the Court fee paid by the plaintiff appellant on prayer nos. 1 and 2 is sufficient but the Court fee paid by the plaintiff appellant on prayer no. 3 is in-sufficient as in the garb of the third relief, the plaintiff appellant is actually seeking cancellation of four sale deeds executed by defendant no. 1 in favour of defendant respondent nos. 2 to 8 and hence he was liable to pay advalorem Court fee on the 1/5 market value of the suit properties which are subject matter of the sale deeds.;