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2014 Supreme(P&H) 540

BHARAT BHUSHAN PARSOON
Rambai – Appellant
Versus
Kapoori – Respondent


Advocates:
For the Petitioner:Mr. Rajender Chhokar, Advocate
For the Respondents:Mr. Chanderhas Yadav, Advocate

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - By way of this revision petition, order dated 10.4.2012 (Annexure P-1) whereby accepting application of the respondents defendants (in the suit preferred by the petitioner-plaintiff challenging a sale deed) under Order VII Rule 11 CPC, the petitioner-plaintiff has been called upon by the lower court to make up deficiency in the court fee, is under challenge. It is claimed that since the impugned sale deed is result of fraud and misrepresentation at the hands of the respondents-defendants and no consideration had passed hands, no court fee is payable by the petitioner plaintiff. It is also claimed that possession of the land is also undisturbed and no relief of possession has been claimed either.

2. Stand of the respondents-defendants, on the other hand, is that the petitioner-plaintiff being vendor is a party to the sale deed wherein consideration of Rs.13,50,000/- had been paid and thus ad-valorem court fee is payable.

3. Counsel for the parties have been heard while going through the grounds of revision, impugned order as also material and circumstances on the paper book.

4. The petitioner is executant of the sale deed impugned by her in
























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