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2006 Supreme(P&H) 186

HEMANT GUPTA
Beena – Appellant
Versus
Rajinder Kumar – Respondent


Judgment

Hemant Gupta, J.

1. The defendants are in revision petition aggrieved against the order passed by the learned trial court whereby the plaintiff was required to pay Court fee on the ten times value of the land revenue in respect of the land in dispute.

2. The plaintiff-respondents have filed a suit for declaration claiming that they are owners in possession in equal shares of the land in dispute measuring 17 kanals 12 marlas and that the sale deeds dated 24.6.1999 executed by defendant No. 6 in favour of defendant Nos. 1 to 5 is illegal, null and result of fraud etc. The said declaration was sought on the ground that the land in dispute is ancestral and that the same has been sold by defendant No. 6 without any legal necessity and consideration.

3. Learned trial Court vide the impugned order decided the application filed by the defendant-petitioners for directing the plaintiffs to pay requisite ad valorem court fee on the value of the sale deed. The learned trial Court, after examining the respective contentions of the parties, found that where documents sought to be avoided in respect of agricultural land are subject to the land revenue then the ad valorem court fee is paya



















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