- (1.) This revision petition is directed against the order dated 10.1.2006 (Annexure P-9) passed by learned Additional Civil Judge (Senior Division), Gurgaon whereby the petitioner has been held liable to pay advalerum court fee on the sale consideration mentioned in the sale deeds dated 18.8.2003 and 13.9.2001.
(2.) The petitioner has filed a suit for declaration with consequential relief of permanent injunction, alleging, inter-alia, that he became member of the respondent No.1 Cooperative Housing Society and was allotted Membership No.4918. After completion of all the requisite formalities, the Society allotted Plot No. 88-D measuring 250 sq. yards to the petitioner in the Urban Town developed by it at Wazirabad (Gurgaon). The possession of the plot was also delivered to the petitioner on 23.5.2003 in terms of the allotment letter dated 6.9.1999 (Annexure P-3) by the Site Engineer. Alleging further that once the plot in dispute had been allotted and possession thereof given to him, the Society had no right or authority whatsoever to re-allot or sell the said plot to any one else, that the petitioner has filed the present suit seeking a declaration of his ownership qua the subject plot.
(3.) With a view to disclose as to how the cause of action to file the suit has arisen, the petitioner/plaintiff has averred that he inquired and came to know that the subject plot had been again allotted by the Society in favour of one Manoj Kumar who had further sold the same through his General Power of Attorney.;