NIRMALJIT KAUR
Kulwinder Singh And Another – Appellant
Versus
Saurabh Singh And Others – Respondent
JUDGMENT
Nirmaljit Kaur, J. - This is a revision petition against the impugned order dated 29.05.2018 passed by the Civil Judge (Junior Division), Sub Division, Bilaspur, vide which the application under order 7 Rule 11 CPC filed by the respondent-defendants was allowed and the petitioner-plaintiffs were bound down to pay the ad valorum Court fee on the proportionate value of the suit property as mentioned in the agreement to sell.
2. The only question here is as to whether the petitioners are liable to pay the Court fee on the proportionate value of the suit property, as mentioned in the agreement to sell or not.
3. While praying for setting aside the said order, learned counsel for the petitioners submitted that it was not a suit for specific performance and, therefore, the trial Court erred in coming to the conclusion that it was a relief of enforcement of the agreement by way of execution and registration of a sale-deed. Reliance was placed on the judgment of this Court in the case of Arun Sharma vs Usha Sunderam, (2015) 2 RCR(Civil) 72 as well as on the judgment of Hon'ble Apex Court in the case of Saleem Bhai and others vs Sate of Maharashtra and others, (2003) 1 RCR(Civil) 46
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