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ANIL KSHETARPAL
Manju Devi (Smt. ) – Appellant
Versus
Manisha (Smt. ) – Respondent
Judgment
Mr. Anil Kshetarpal, J.
The trial court has directed the plaintiff to pay the ad valorem court fee on the amount of sale consideration of the sale deed dated 05.07.2017, as she is one of the executants of the sale deed and she has challenged the correctness thereof.
2. Learned counsel representing the petitioner contends that the plaintiff has alleged fraud and therefore, no court fee is payable. He further submits that the plaintiff alongwith certain other persons have executed a joint sale deed and the sale deed qua the plaintiff is only with respect to 4 kanals and 1 ½ marlas land and therefore, she can be asked to pay the proportionate ad valorem court fee.
3. In Suhrid Singh @ Sardool Singh vs. Randhir Singh and others : (2010) 12 SCC 112 the Court held that the executant is required to pay the ad valorem court fee if the annulment of the instrument including the sale deed is sought in the suit.
4. Similarly, a Full Bench of this Court in Niranjan Kaur vs. Nirbigan Kaur 1982 PLR 127 has drawn a distinction between the suits filed under Section 31 and 34 of the Specific Relief Act, 1963. In fact, the executant of the sale deed is required to seek the annulment of the same.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
The main legal point established in the judgment is the requirement of ad valorem Court fee for challenging a transfer deed, which is determined based on the consideration shown in the deed and the p....
The relief sought for annulment of sale deeds and declaration of ownership required ad valorem Court fee.
Ad valorem court fee is payable on the value specified in transfer deeds when annulled by the executant, as per the Court Fees Act, 1870.
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