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2009 Supreme(Del) 218

SHIV NARAYAN DHINGRA
Jaswant Singh – Appellant
Versus
Surinder Kaur Kohli – Respondent


Advocates Appeared:
Ms. Kiran Suri with Mr. Purvesh Buttan and Ms. Aparna Bhat, Advocates
Mr. Vineet Bahl, Advocate

JUDGMENT

1. This suit has been filed by the plaintiff for declaration of sale deed executed by the plaintiff in favour of the defendant as null and void and thereafter cancellation of the sale deed dated 23rd January 2008 executed by the plaintiff in favour of the defendant at the Sub Registrar?s Office vide Registration No.422, Additional Book No.1 Vol. 877, Pages 109 to 114.

2. It is submitted by the plaintiff that the value of the property transferred by the virtue of the sale deed was Rs.85 lac and out of that Rs.25 lac was the sale consideration mentioned in the sale deed and Rs.60 lac was to be paid in cash by the defendant by the same evening. He took the plea that the defendant played foul play and did not hand over the cash and also did not hand over the cheques as mentioned in the sale deed. The plaintiff has valued the suit for the purpose of jurisdiction at Rs.85 lacs but for the purpose of court fees, he has not valued the suit and stated that the Court fee paid as Rs.20 only. While issuing summons of the suit, this Court had left the question of court fee open and allowed registration of the instant plaint.

3. The statement of plaintiff under Order 10 CPC was record







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