- (1.) This plaintiffs' revision is directed against the order dated August 18th, 2005 passed by Civil Judge (Junior Division), Karnal, whereby, plaintiffs were directed to pay ad valorem court fee in a suit titled "Tarsem Singh and others vs. Vinod Kumar and others". The suit for declaration with consequential relief of permanent injunction was filed challenging the sale deed executed by their father after passing of the judgment and decree dated December 21 st, 1987 in Civil Suit No.481/87, whereby, they were declared owners in possession of the suit land and to set aside the judgment and decree dated January 31st, 1991 passed in Civil Suit No.813 of 1990 by Civil Court, Karnal.
(2.) When this revision was listed before Ajay Tewari, J. on July 24th, 2009, he found some contradictions in the judgments earlier passed by this Court and the matter was referred to the Division Bench. The Division Bench vide order dated July 15 th, 2011 framed the following question:- "Whether plaintiff in a suit challenging sale-deed executed by his father or a third party is liable to pay ad valorem court fee on the sale consideration recited in the sale deed -
(3.) After relying upon the judgment of the Hon'ble Supreme Court rendered in Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, 2010 AIR(SC) 2807 and a judgment passed by a Division Bench of this Court in Dara Singh vs. Gurbachan Singh and others (Civil Revision No.22 of 2009 decided on May 03 rd, 2010), while commenting upon the provisions of the Court-Fees Act, 1870, held as under:- "(i) If the executant of a document wants a deed to be annulled, he is to seek cancellation of the deed and to pay ad valorem Court fee on the consideration stated in the said sale deed. (ii) But if a non-executant seeks annulment of deed i.e. when he is not party to the document, he is to seek a declaration that the deed is invalid, non-est, illegal or that it is not binding upon him. In that eventuality, he is to pay the fixed Court fee as per Article 17(iii) of the Second Schedule of the Act. (iii) But if the non-executant is not in possession and he seeks not only a declaration that the sale deed is invalid, but also a consequential relief of possession, he is to pay the ad valorem Court fee as provided under Section 7(iv) (c) of the Act and such valuation in case of immovable property shall not be less than the value of the property as calculated in the manner provided for by Clause (v) of Section 7 of the Act.";