- (1.) At the instance of petitioners herein, a suit for declaration on the basis of family settlement dated 15.6.2007 and in the alternative for specific performance of said family settlement taking it to be an agreement to sell, is pending adjudication before a Civil Court at Panipat, wherein vide impugned order of 15.11.2010, the petitioners-plaintiffs have been called upon to make up deficiency in the court fee taking value of the suit in terms of the agreement under which an amount of Rs.72 lacs is claimed to have been paid to defendants No.1and 2.
(2.) Claim of the petitioners-plaintiffs is that the suit, in fact is for enforcement of family settlement and for seeking declaration of ownership in terms thereof and has wrongly been taken to be suit for specific performance of such settlement taking it to be an agreement to sell. It is claimed that specific performance of such settlement has been claimed only as an alternative relief, if plea of the petitioners-plaintiffs for enforcement of the family settlement does not carry weight with the court.
(3.) Claim of the contesting respondents, on the other hand, is that the suit, in fact, is for enforcement of terms of the document of 15.6.2007 which is in the nature of an agreement and the petitioners-plaintiffs are liable to pay court fee as per the impugned order.;