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SURESHWAR THAKUR, SUDEEPTI SHARMA
Anil Kumar – Appellant
Versus
Maninderbir Singh – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the filing of the instant civil revision, the petitioners herein pray for the quashing/setting aside of the order dated 27.05.2016 (Annexure P-7), as passed by the learned Addl. Civil Judge (Sr. Division) Bilaspur, District Yamuna Nagar, wherebys, the petitioners have been directed to pay the ad-valorem court fees on the civil suit concerned, whereins, the plaintiff has claimed relief for cancellation of the contract/agreement to sell.
Factual Background.
2. The petitioners/plaintiffs therein, had filed a suit under Section 27 of the SPECIFIC RELIEF ACT , 1963, wherebys, they claimed the rendition of a decree for rescinding the contract/agreement to sell dated 07.05.2010, as became executed by them, in favour of the defendants. The said agreement to sell was drawn in respect of land measuring 10 kanals 1 marlas out of land measuring 10 kanals 9 marlas, comprised in Khewat No.1332 Kittas 3, as per mutation No.4273, 4386, 4723, situated near Radha Swami Satsang Bhawan, Bilaspur, including shiv mandir constructed over an area of 200 Sq. Yards. The total sale consideration in respect of the supra suit lands became comprised in a sum of Rs.79, 40,00
A plaintiff seeking rescission of an agreement to sell is required to pay ad valorem court fees based on the total sale consideration as per Section 27 of the Specific Relief Act, 1963.
In suits for specific performance, court fees are payable only on the main relief when ancillary reliefs are sought, as per the Rajasthan Court Fee and Suits Valuation Act, 1961.
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
The main legal principle established in the judgment is the distinction between the court fee payable for a suit for declaration of sale deed by a Plaintiff who is a party to the sale deed and a Plai....
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
A plaintiff must clearly state the cause of action and relevant details in the plaint for it to be maintainable; lack of such specifics can lead to the rejection of the plaint under Order VII Rule 11....
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