- (1.) This petition, under Article 227 of the Constitution, is directed against the order dated 28-4-2004 passed in Civil Suit No. 33-A/2004 by the Fifth Additional District Judge, Rewa, whereby he has directed the Petitioners to pay ad-valorem court-fee on the sale consideration mentioned in the sale deed dated 21-10-1998.
(2.) The Petitioners are Plaintiffs in the civil suit filed against the Respondents in the year 1999. In the civil suit, Bhuar Rai was Plaintiff No. 1 and after his death the name of his widow Sitrajia was substituted in the plaint in the year 2001. The plaint contains the relief that the sale deed dated 21-10-1998 executed by Plaintiff No. 1 be declared inoperative, void and illegal as his thumb impression was obtained by misrepresentation. Another relief sought is that Respondent No. 1 be permanently injuncted from interfering with the Plaintiff's possession over the suit property. The sale consideration mentioned in the sale deed is Rs. 1,49,000/-. The Plaintiffs have paid Court-fee of Rs. 60/- for the relief of declaration and Rs. 30/- for the relief of permanent injunction i.e. total Rs. 90/-.
(3.) The trial Court, after hearing the Petitioners, held that prayer relating to sale deed amounted to seeking its cancellation and, therefore, ad-valorem court-fee was payable on the sale consideration shown therein. Aggrieved, the Plaintiffs have filed the present petition.;