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1999 Supreme(P&H) 619

JAGDISH SINGH KHEHAR
Ranjit Singh – Appellant
Versus
Balkar Singh – Respondent


Advocates Appeared:
For the Petitioners:Dr. Gurmit Singh, Advocate.

JUDGMENT

J.S. Khehar, J. - The petitioners-plaintiffs filed a suit for declaration to the effect that the sale of the suit land measuring 19 kanals 17 marlas, 4 kanals 1 marla, 3 kanals 5 marlas and 12 kanals 11 marlas in various killa numbers situated in village Kuttabagh, Tehsil Ellenabad, District Sirsa, for a consideration Rs. 1,62,000/- by defendant No. 2 in favour of defendant No. 1 vide a registered sale deed No. 640 dated 24th July, 1997 was "wrong, illegal, void, ineffective, against the rights of the plaintiffs, without consideration, fraudulent in order to defeat the rights of the plaintiffs and being the effect of mis-representation, coercion and without legal necessity."

2. Valuation of the suit for the purposes of court fee and jurisdiction was assessed at Rs. 200/- by the petitioners-plaintiffs and accordingly court fee valuing at Rs. 25/- was affixed on the plaint. An application was filed by the defendants under Order 7 rule 11 of the Code of Civil Procedure contesting the court-fee affixed. As per the respondents-defendants the plaintiffs-petitioners have challenged the validity of the sale-deed dated 24th July, 1997 by which defendant No. 2 had transferred the sui









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