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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Anurag Sant – Appellant
Versus
Anupriya Vij – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. The Appellant has preferred the present Appeal assailing the correctness of the order dated 28.08.2024 (hereinafter referred to as the “Impugned Order”) passed by the learned Single Judge of this Court in CS(OS) 52/2022, titled as Anupriya Vij and Anr. vs. Anurag Sant. By the Impugned Order, the learned Single Judge dismissed I.A. No. 11295/2022 in CS(OS) 52/2022, filed by the Appellant/Defendant therein under Order VII Rule 11(b) of the Code of Civil Procedure, 1908, [Hereinafter referred to as ‘CPC‟.], seeking rejection of the plaint on the ground of non-payment of appropriate ad valorem Court Fees based on the correct valuation of the concerned suit property. The Respondents/Plaintiffs therein have instituted the aforesaid Civil Suit, which is currently pending before the learned Single Judge.
FACTUAL MATRIX:
2. The relevant facts, necessary for adjudication of the present Appeal, are briefly stated as under:
i. The parties in the present matter are the children and Class-I legal heirs of Late Shri Shiv Chand Sant (deceased on 17.12.2020) and Late Smt. Vijaya Sant (deceased on 09.08.2020), both being the common ancestors from whom the rights in the c
In partition suits, if joint possession is claimed, fixed court fees are applicable unless a clear case of ouster is established, which necessitates ad valorem fees.
Ownership of the property is sufficient to show possession, and deficiency in court fees is not fatal to the maintainability of the suit.
Joint ownership implies possession, and deficiency in court fees does not obstruct suit maintainability as plaintiffs must be allowed to rectify any deficiencies.
The main legal point established in the judgment is that the assessment of court fee for a suit property should be in accordance with the provisions of the Court Fees Act, 1870, and the determination....
A non-executant plaintiff seeking declaration and possession must pay court fees under Sections 7(iv)(c) and 7(v) of the Court Fees Act, not based on the transfer deed's market value.
The main legal point established in the judgment is the determination of court fee payable in a suit for declaration of joint ownership and consequential relief of possession, where the sale deeds ar....
The determination of court fees payable in a partition suit is governed by the plaintiff's possession of the suit properties, as per the provisions of the Court Fees Act.
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