JUDGMENT

Indermeet Kaur, J. (Oral)

1. The order impugned before this court is the order dated 09.04.2008 vide which on a preliminary issue taken up by the Trial Court, the plaintiff had been directed to pay up the ad-valorem court fee on the amount of sale consideration of Rs.24,32,950/-. Plaintiff/petitioner is aggrieved by this finding.

2. Record shows that the present petitioner had filed a suit for perpetual, mandatory injunction and damages. Plaintiff is a company registered under the Companies Act; defendant No. 1 is a partnership firm comprising of defendant Nos. 2 to 4. In 1970, the father of the defendant No. 2 holding himself out as the owner of property bearing No. 15, Barakhamba Road, New Delhi and in his capacity as a partner of Hansalaya Properties Ltd. had made a multi storied building on the aforenoted premises comprising of floors/flats; undertaking was that each flat would consist of individual flats and purchase would be on ownership basis carrying all rights which are necessary for a complete and proper utilization and enjoyment of the said floors/flats. Negotiations between the plaintiff and the defendants ensued; letter dated 30.09.1970 as also another com