SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(P&H) 2017

NIRMALJIT KAUR
Kulwinder Singh And Another – Appellant
Versus
Saurabh Singh And Others – Respondent


Advocates Appeared:
S.S. Dinarpur, Advocate, Inderjeet Singh, Advocate, Anshul Mangla, Advocate, Manmohan Swaroop, Advocate

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

                            Click Here to Read the rest of this document
                            1
                            2
                            3
                            4
                            5
                            6
                            7
                            8
                            9
                            10
                            11
                            SupremeToday Portrait Ad
                            supreme today icon
                            logo-black

                            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                            Please visit our Training & Support
                            Center or Contact Us for assistance

                            qr

                            Scan Me!

                            India’s Legal research and Law Firm App, Download now!

                            For Daily Legal Updates, Join us on :

                            whatsapp-icon telegram-icon
                            whatsapp-icon Back to top