JUDGMENT - V.C. DAGA, J.:---The often raised familiar question of law placed before me by way of this revision, relates to the payment of Court fees under the Bombay Court Fees Act, 1959 ("the Act" for short) in a suit seeking specific performance of contract of sale coupled with relief of declaration that sale in favour of subsequent transferee is bad, illegal and void.

BACKGROUND FACTS

2. The background facts are as under :

The plaintiff on 28-1-1999 filed the suit begin Regular Civil Suit No. 8 of 1999 for specific performance of contract of sale dated 28-5-1982 on the allegations that the original defendant No. 2/respondent No. 2 herein Owner of the suit property having executed an agreement of sale in favour of the plaintiff not only failed to execute sale deed in favour of the plaintiff but sold the said suit property to the original defendant Nos. 2 to 5 by registered sale deed dated 6-7-1989 for a consideration of Rs. 90,000/- and delivered possession thereof.

3. It was further alleged that part of the suit property admeasuring an area of 19 ares was purchased by the original defendant No. 6 (present petitioner) for a consideration of Rs. 4,80,000/-, on 8-1-1998; out of which

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