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1990 Supreme(P&H) 350

A.L.BAHRI
Bhag Singh – Appellant
Versus
Jarnail Singh – Respondent


Judgment

, J.

1. This revision has been filed by Bhag Singh plaintiff against order of Sub fudge, Jagraon, dated November 19, 1987, directing him to make good deficiency of court-fee on the plaint. The plaintiff was asked to pay advalorem court-fee under Article I Schedule I of the Court fees Act.

2. The suit was filed by Bhag Singh for declaration that he was owner in possession of the land treasuring 24 Kanals situated in village Galib Kalan, Tehsil Jagraon, Distt Ludhiana, after setting aside the sale deed dated June 23, 1986, executed by Jarnail Singh-defendant as attorney of the plaintiff in favour of Gurmit Kaur-defendant No.2, for Rs.45,000/- which was illegal, void and ineffective qua the pain-tiffs rights. Mutation sanctioned on the basis of the said sale deed was also challenged. He also wanted to avoid mortgage of 8 Kanals of land executed by defendant No.2 in favour of defendant No.3. According to the plaintiff he did not execute any power of attorney in favour of defendant No.1 who is alleged to have mortgaged or sold the land On the plaint court-fee of Rs.19.50 was paid. After objection being raised, the trial Court vide the impguned order held that the advalorem court



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