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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Bhupinder Kaur Alias Bhupinder Kaur Boparai – Appellant
Versus
Diamon Sandhu Alias Sukhdeep Singh Sandhu – Respondent
JUDGMENT :
Alka Sarin, J.
Present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 17.10.2023 whereby the application filed by the petitioner herein under Order VII Rule 11(b) read with Section 151 of the Code of Civil Procedure, 1908 and Section 7 of the Court Fees Act, 1870 , has been rejected.
2. The brief facts relevant to the present lis are that the plaintiff-respondent Nos.1 to 4 herein filed a suit for declaration to the effect that they are owners in possession of land measuring 92 Kanals 08 Marlas as fully described in the plaint. They also sought declaration that the alleged sale deeds, seven in number, executed by the defendant No.1-petitioner herein on the basis of a General Power of Attorney executed by Rachpal Singh were illegal, null, void and ineffective and are not binding on their rights. The case set up by the plaintiff-respondent Nos.1 to 4 in the plaint was that Rachpal Singh had executed a power of attorney on 24.12.2001 in favour of his sister i.e. defendant No.1-petitioner herein. Rachpal Singh died on 05.04.2008. Immediately thereafter, three sale deeds were executed by the defendant No.1-petitioner
In cases where non-executants seek declarations regarding deeds, they may need to pay fixed court fees, not ad valorem, provided they are not seeking possession.
Non-executants in a suit challenging sale deeds based on allegations of fraud are not required to pay ad-valorem court fees, establishing a distinction from executants.
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.
Non-executants seeking annulment of a deed without seeking possession are not liable to pay ad valorem Court fee.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
Executants of a deed seeking annulment must pay ad-valorem court fee, while non-executants may only need to pay a fixed fee for a declaration of the deed's invalidity.
The relief sought for annulment of sale deeds and declaration of ownership required ad valorem Court fee.
The main legal point established in the judgment is that in a civil suit seeking joint possession, the plaintiffs are liable to pay ad valorem court fee as per Section 7(iv)(c) of the Court Fees Act,....
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