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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Chatterjee
Ananda Kumar Singh – Appellant
Versus
Prakash Banerjee – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. Determination of court fees, particularly in suits seeking cancellation of or adjudging a deed relating to an immovable property as void or voidable, whether the deed is one of sale, gift or otherwise, often creates a conundrum. A similar maze has arisen in the present revisional application, which has been filed questioning the legality and propriety of the order dated 27.09.2024 passed by the Civil Judge (Junior Division), 1st Court, Alipore, South 24 Parganas, on a petition filed by defendant no. 2/petitioner under Section 11 of the West Bengal Court-fees Act in connection with Title Suit No. 671 of 2023.
2. By the said order, the learned Court rejected the petitioner’s contention that the suit had been under-valued and insufficiently stamped, and accordingly dismissed the petition.
3. Before delving into the nuanced labyrinth of the controversy involved in this application, it would be apt to advert to the essential facts leading to its presentation, which are as follows:
a) The plaintiffs/opposite parties instituted a suit seeking a decree of declaration that the deed of gift bearing No. 160505949 dated 31.08.2016 and the deed of sale vid
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
In suits for specific performance, court fees are payable only on the main relief when ancillary reliefs are sought, as per the Rajasthan Court Fee and Suits Valuation Act, 1961.
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 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.
In suits for cancellation of documents, court fees are to be computed based on the value mentioned in the document, not the market value, as established by the Karnataka Court Fees and Suits Valuatio....
Court fees are mandatory for suits involving declarations of void instruments, and the issue of court fees must be resolved before addressing other issues.
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