- (1.) The present revision petition has been filed under Article 227 of the Constitution of India against order dated 22.01.2010, Annexure P1 passed by learned Civil Judge(Junior Division), Ambala vide which it has ordered Respondent-Plaintiff to pay ad-valorem court fee on the gift deed.
(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.
(3.) Brief facts relevant for the decision of the present revision petition are that, the present dispute is between mother and her sons regarding the property left by Krishan Lal, husband of Petitioner-Plaintiff and father of Respondents-Defendants. Suit has been filed for possession of land measuring 15 Kanals 8 Marlas by mother of Respondents on the ground that gift deed dated 17.08.2004 alleged to be executed by her is forged and fictitious document obtained by playing fraud upon her. Application, Annexure P2 was filed by Respondents-Defendants praying dismissal of the suit on the ground that court fee has not been affixed as per valuation of gift deed, which was allowed by learned trial Court vide impugned order and present Petitioner-Plaintiff has been directed to affix ad-valorem court fee. The impugned order dated 22.01.2010 reads as under: This order shall dispose of an application for dismissing the suit of Plaintiff for not paying the ad-valorem court fee on the relief claimed. He averred that the Plaintiff has challenged the Gift deed dated 17.08.2004 registered on 20.08.2004, Perlekh No. 853, on the ground of fraud and misrepresentation, but has not fixed the proper court fee, as per the valuation of the gift deed. Reply to the said application not filed. Arguments heard. Perusal of file reveals that the Plaintiff has filed the present suit seeking the relief of declaration to the effect that the Gift deed dated 17.08.2004 attested and registered on 20.08.2004, alleged to be executed by the Plaintiff in favour of Defendants, being a forged and fictitious document obtained by Defendants by playing fraud on the Plaintiff and further that the mutation No. 381 got sanctioned by the Defendants on the basis of alleged Gift deed with a consequential relief of Permanent Injunction. As per the provisions of the Court Fees Act, when the Plaintiff is seeking possession of the land and have challenged the Gift-deed or sale-deed, than he is required to pay the ad-valorem court fee. Accordingly, he is hereby directed to pay the ad-valorem court fee on the relief claimed on or before 13.02.2010.;