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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Priya Singh – Appellant
Versus
Hem Lata – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 04.12.2017 (Annexure P-4) passed by the Civil Judge (Junior Division), Faridabad whereby an application filed by the respondents/defendants under Order 7 Rule 11 CPC for rejection of the plaint on the ground of non-payment of ad valorem Court fees, has been allowed and the petitioners-plaintiffs have been directed to pay ad valorem Court fees as per the sale consideration in the sale deed dated 28.01.2015.
2. Learned counsel for the petitioners has submitted that in the present case, the petitioners had filed a suit for declaration with consequential relief of permanent injunction with the averment that the sale deed executed by the defendants with the present petitioners was by playing fraud upon the petitioners, inasmuch as, the petitioners had only taken a loan from the defendants and the defendants had obtained the signatures of the petitioners on blank papers and some stamp papers in the Tehsil complex by informing the petitioners that they would be preparing mortgage deed but instead prepared a sale deed. It is submitted that in
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
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 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.
Plaintiffs, as executants of sale deeds, are required to seek cancellation of the deeds and affix ad-valorem court-fee as per the sale consideration mentioned in the deeds, even when seeking a declar....
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 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....
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