The substance of the plaint and the nature of relief sought determine the quantum of court fee payable, and without cancellation of the sale-deeds, the relief prayed for by the plaintiff cannot be given.

1. After hearing learned counsel for the parties on the question of maintainability, i +find that this Civil Revision is maintainable and it is held so.

2. This Civil Revision is directed against the order dated 4.3.2002, by which the court below rejected the prayer of the defendant-petitioners to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure (for short the Code) on the ground that the proper court fee has not been paid on the plaint.

3. The facts leading to the filing of the present Civil Revision are that the plaintiff-opposite party filed a suit for following reliefs:

(a) That, the court be pleased to declare the alleged four sale deeds dated 15.11.1998 executed by defendant 2nd party in favour of the defendant 1st party to be illegal, void, inoperative and not binding on the plaintiff, the court be further pleased to declare the title of the plaintiff over the suit property.

(b) That, court be pleased to pass a decree for permanent injunction restraining the defendants from interfering in possession of the plaintiff through the process of the court or any other way, the plaintiff against defendant.

(c) That, the cost of the suit be given to the plaintiff against defendant.

4. There is no dispute that one Shiru Chaudhary had two sons, namely, Lal Babu Choudhary and Jagdambi Choudhary. Jagdambi Choudhary had two sons, namely, plaintiff Chandrachur Choudhary and Muni Lal Choudhary. Muni Lal Choudhary had a wife-Tara Devi and a daughter-Sudha Devi. According to the plaintiff, Sudha Devi died issueless, whereas, according to the defendants, she died leaving behind three daughters, namely, Rashmi Singh, Rohini Singh and Vidya Shree (Arrayed as defendant 2nd party). According to the plaintiff, common ancestor Shiru Choudhary acquired properties at different places. The property acquired in the name of Lal Babu Choudhary was a joint family property. The property in suit was also acquired in the name of Lal Babu Choudhary which stood situated in the town of Khagaria and which was also a part of the joint family property. It was decided that Lal Babu Choudhary would later on execute a sale-deed in favour of the family members of Jagdambi Choudhary. After the death of Jagdambi Choudhary, Muni Lal Choudhary became the Karta of the family and he got a sale-deed executed by said Lal Babu Choudhary in the name of his wife Tara Devi. Thereafter, there was a family arrangement with regard to the properties stood in the name of the plaintiffs brother Muni Lal Choudhary and it was decided that Muni Lal Choudhary and his wife Tara Devi would utilise the property during their life time and the ownership of the same would remain with the plaintiff. It was further stated that Muni Lal Choudhary and Tara Devi relinquished their interest in the suit property in favour of the plaintiff. Thereafter, the plaintiff became the owner of the property and has been paying municipal taxes and getting municipal receipts. Daughter of Muni Lal Choudhary and Tara Devi, namely, Sudha Devi also died issueless, but defendant no. 1, who was a tenant in the premises, got a sale-deed executed by fictitious ladies, who are defendants 6, 7 and 8 in the suit, by claiming that they are the legal heirs of the share of Muni Lal Choudhary and Tara Devi and hence the suit.

5. The defendant-petitioners contested the plaint and their assertion was that the suit property was sold by Lal Babu Choudhary to Tara Devi wife of Muni Lal Choudhary and after the death of Muni Lal Choudhary, Tara Devi and their daughter Sudha Devi, defendants no. 6, 7 and 8 became absolute owners and they executed four sale-deeds in favour of defendants and as such they are the absolute owners of the property.

6. Admittedly, the plaintiff has filed the suit on payment of declaratory fee of Rs. 250/- and a separate fee for injunction. According to the defendants, the suit is for declaration as well as for consequential relief and, accordingly, the advalorem court fee is