VINOD K.SHARMA,J - (1.) THE petitioner, who is minor has challenged the order dated 3.11.2007 passed by the learned Addl. Civil Judge (Sr. Divn.), Safidon, allowing an application moved by the respondents under Order 7 Rule 11 of the Code of Civil Procedure. The petitioner has been directed to affix the ad valorem Court fees on the amount of sale deeds.
(2.) THE petitioner filed a suit for declaration claiming therein that the plaintiff and defendant No. 4 are joint owner in possession as co-parcener of joint Hindu Family Property i.e. the agricultural land measuring 168 Kanal 18 marlas, to the extent of 1376/3378 share, corresponding to 68 kanal 16 marlas compromised in Khewat No. 188 Khata No. 306 to 308 situated in the revenue estate of Village Didwara Tehsil Safidon, District Jind as per Jamabandi for the years 2002-03. The plaintiff also challenged the sale deeds No. 1632 dated 11.8.2004, 2577 of 30.12.2004 and 3128 of 23.3 2005, registered with Sub Registrar, Safidon and the mutation sanctioned with regard to the abovesaid sale deeds being illegal, null and void and without legal necessity. The petitioner also claimed that the said sale deeds were outcome of fraud and misrepresentation and not binding on the rights of the plaintiff and respondent No. 4. The relief of permanent injunction was also sought restraining the respondent-defendants from alienating or interfering in the peaceful cultivating and proprietary joint possession of the plaintiff and defendant No. 4. On notice, the defendants contested the suit and also moved an application under Order 7 Rule 11 C.P.C. seeking a direction for making good deficiency of Court fee of Rs. 26,070/-. It was claimed that as the plaintiff-petitioner has challenged the sale deeds, he was required to pay ad valorem Court Fee.
(3.) THE application moved by the defendants-respondent was allowed and it was ordered that the petitioner-plaintiff should affix ad-valorem Court Fee on the value of the sale deeds.;