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BHARATI DANGRE
Sanjay Ramchandra Shendkar – Appellant
Versus
Narayan Antu Zendge – Respondent
JUDGMENT :
1. Heard learned Advocate Shri Sarthak Diwan for the petitioner and Advocate Dormaan Dalal for the respondent/defendant no.18.
2 A short point that arise for consideration is whether the Suit filed by the plaintiffs, seeking declaration and perpetual injunction ought to have attracted the Court fee in terms of Section 6(iv)(ha) or the Court fee was to be charged under Section 6(iv)(j) of the Maharashtra Court Fees Act.
The aforesaid question arose in the backdrop of the fact that the Suit property is an agricultural property described in paragraph no.1 of the plaint and it was pleaded to be the ancestral property of one Shri Savla, having two sons - Ramchandra and Baban and four daughters. It was pleaded that the suit property was never partitioned in the joint family of Savla and it was cultivated in that capacity. After the demise of Savla, his widow Chandrabhaga was recorded as the owner of the suit property.
The contention of the plaintiffs is to the effect that defendant no.18 prepared a fraudulent unregistered document titled as ‘Power of Attorney’ and the plaintiffs dispute execution of any such document, by pleading that they have never been to Pune for the purpose o
The main legal principle established in the judgment is the distinction between the court fee payable for a suit for declaration of sale deed by a Plaintiff who is a party to the sale deed and a Plai....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
The main legal point established in the judgment is the determination of court fees for a suit challenging gift deeds based on the value of the properties mentioned in the gift deeds and the nature o....
The main legal point established in the judgment is that any action taken by the power of attorney will be deemed to have been done by the person who is an executant of the power of attorney, and the....
Suits for enforcement of statutory obligations under the Maharashtra Ownership Flats Act are to be valued under Sec. 6(iv)(j) of the Maharashtra Court Fees Act, as they are incapable of monetary eval....
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