Non-executants seeking annulment of a deed without seeking possession are not liable to pay ad valorem Court fee.

KARAMJIT SINGH, J.

1. The present revision petition has been filed by the petitioners/ plaintiffs for setting aside the order dated 08.11.2016 (Annexure P-4) passed by the Court of learned Civil Judge (Jr.Divn.), Dera Bassi (SAS Nagar, Mohali) by virtue of which an application (Annexure P-2) filed by respondents No.1, 4 and 5 under Order 7 Rule 11 CPC for rejection of the plaint in civil suit No. CS-81 of 2016 titled Smt. Bimla Devi & Anr. Vs. Ram Singh & Ors., has been allowed.

2. The brief facts of the case are that petitioners filed suit seeking decree for declaration to the effect that they are joint owners and in joint possession of 2/5th share in the suit land and that general power of attorney executed by respondent No.1 Ram Singh in favour of respondent No.2 which was registered on 08.11.2013 and different sale deeds dated 12.08.2015 executed by respondent No.2 being attorney of respondent No.1 in favour of respondent No.4 and sale deed dated 09.12.2015 executed by respondent No.2 being attorney of respondent No.1 in favour of respondent No.5 are illegal, null and void, on the ground that the suit property is ancestral in the hands of respondent No.1 qua the petitioners who are his daughters. Respondents No. 1,4 and 5 filed an application under Order 7 Rule 11 CPC seeking rejection of plaint on the ground that the petitioners are not in possession of any portion of the suit property and have sought joint possession cleverly to avoid ad valorem Court fee which they are required to affix on the basis of market value of the suit property. The application was contested by the petitioners.

3. After hearing counsel for the parties, the learned trial Court while passing the impugned order, held that no doubt the petitioners are nonexecutant of sale deeds and power of attorney in question, but they are to pay ad valorem Court fees as per value mentioned in the sale deeds as they are seeking not only declaration but also possession of the suit property.

4. Being aggrieved, the petitioners have filed the present revision petition.

5. I have heard the counsel for the parties.

6. The counsel for the petitioners while assailing the impugned order has, inter alia, contended that the petitioners have not sought joint possession of the suit property rather their suit is for declaration to the effect that they are joint owners and in joint possession of the suit property which is ancestral in the hands of their father qua them. The counsel for the petitioners has further contended that admittedly the petitioners were not executants of power of attorney and sale deeds in question and thus, in the light of law laid down by Hon’ble Supreme Court in Suhrid Singh @ Sardool Singh Vs. Randhir Singh & Ors, 2010(12) SCC 112, the impugned order is erroneous and deserves to be set aside.

7. On the other hand the counsel for contesting respondents while supporting the impugned order has submitted that both the petitioners are married daughters of respondent No.1 Ram Singh and they are residing in their matrimonial homes and were not in possession of any portion of the suit property at the time of filing of the suit. Thus, the trial Court while relying upon the law laid down by Hon’ble Supreme Court in Suhrid Singh @ Sardool Singh’s case (supra) rightly gave directions to the petitioners to furnish ad valorem Court fees as per value of the sale deeds in question. It has been further contended that the petition deserves to be dismissed being devoid of merits.

8. I have considered the submissions made by counsel for the parties.

9. For the purpose of disposal of an application filed under Order 7 Rule 11 CPC, only the averments made in the plaint are to be considered. The defence taken by the other party in the written statement or otherwise would be wholly irrelevant at this stage. There cannot be any dissection or segregation of the language of various paragraphs in the plaint.

10. Admittedly, petitioners were not executants of the sale deeds and power of at