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2001 Supreme(P&H) 206

BAKHSHISH KAUR
Bagrawat – Appellant
Versus
Mehar Chand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjeev Gupta, Advocate.
For the Respondent No. 1:Mr. L.N. Verma, Advocate.

JUDGMENT

Bakhshish Kaur, J. - The plaintiff, who was directed to pay the ad valorem Court-fee as per the sale consideration in the sale deed, has challenged the impugned order on the ground that in a suit for declaration challenging the legality of the sale deed, plaintiff is not required to pay ad valorem Court- fee on the sale price. Plaintiff (now petitioner) filed the suit for declaration that the sale deed dated January 22, 1974, executed by his father in favour of the respondent No. 2, is without legal necessity, without consideration and against the interest of the joint Hindu family property, therefore it is invalid, wrong and illegal and not binding on his rights.

2. Three applications under Order 7 Rule 11 of the Civil Procedure Code were filed, which were disposed of vide single order, under challenge, and the plaintiff was directed to pay the ad valorem Court-fee.

3. The admitted facts of the case are that Partap, respondent No. 2, had executed three sale deeds in favour of the different persons and all those sale deeds have been challenged by the present petitioner being illegal, void and without consideration, Mr. Sanjeev Gupta, the learned counsel for the petitioner,





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