Heard the learned counsel for the petitioners and the respondent and the learned Government Advocate.

2. The respondent herein had filed a suit in O.S.2516/2007 against the petitioners and seven others, who are not made parties to the present petition, as according to the petitioners, they are not necessary parties. The suit was for the relief of cancellation of two sale deeds, both dated 19.7.1995 executed by the respondent and another in favour of petitioner no.1 herein. The suit was brought against the petitioners as well as seven others who were said to be the tenants of several tenements in the property. However, those tenants are not made parties, herein by the petitioners, as according to the petitioners they are not necessary parties in deciding this petition. The suit filed by the respondent was valued at Rs.4,40,000/- for purposes of court fee and a court fee of Rs.29,735/- was paid on the plaint. The petitioners herein had contested the suit and had contended that the court fee paid was insufficient. Issue no.7 was framed relating to the sufficiency of the court fee paid, which was treated as a preliminary issue and the trial court, by its order dated 7.9.2009 h