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ARUN MONGA
Soni Promoters Pvt. Ltd. (M/s) – Appellant
Versus
Sanjay Kumar Bansal – Respondent
| Table of Content |
|---|
| 1. ownership and possession claims by petitioners (Para 1 , 2) |
| 2. argumentation regarding the legitimacy of sale deeds (Para 3 , 4 , 5) |
| 3. requirement to pay ad valorem court fee for declaration (Para 6 , 7) |
| 4. affirmation of trial court's decision on court fees (Para 8) |
| 5. dismissal of petition with an extension for court fee compliance (Para 9 , 10) |
Judgment
Mr. Arun Monga, J.
Impugned herein is an order dated 23.08.2021 passed by the learned trial Court, whereby two applications, both under Order 7 Rule 11 CPC filed by the defendants (respondents herein)have been allowed. The objections raised therein that the suit is not maintainable for non-affixation of the requisite stamp duty on the plaint has been accepted.
2. Petitioners’ Companies jointly filed a suit seeking declaration that they are owners in possession of the suit land situated at Mauja Hansi, Tehsil Hansi, District Hisar, inter alia on the basis of mutation nos. 10285, 10286, 10289, 10290, 10291 and 10368, which were entered and sanctioned on 22.11.2013, sale deed no. 6871 dated 20.01.2014 was executed in their favour, as more particularly stated in para No.7(A) of the petition herein. Further assertion is t
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