PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Malook Singh Bahia – Appellant
Versus
Ravinder Kaur Bahia – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India against the impugned order dated 08.01.2019 passed by the Civil Judge (Jr.Div.)-1, Jalandhar, vide which the petitioner had been directed to affix the ad-valorem court fee.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner has challenged the registered sale deed dated 16.03.2012 executed by defendant no.2, as attorney of the present petitioner-plaintiff in favour of defendant no.1, who is sister of defendant no.2 and daughter-in-law of the present petitioner-plaintiff. It is submitted that defendant no.1 by misrepresenting facts and stating to the plaintiff that only for the purpose of management of the properties of the plaintiff a special power of attorney dated 17.02.2012 be executed in favour of defendant no.2, but actually got executed the power of attorney in which the right to transfer etc. was also given. It is submitted that since the special power of attorney had been taken from the present petitioner by misrepresenting facts and the subsequent sale deed was executed on the basis of the said special power of att
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.
A sale deed executed after the cancellation of a power of attorney is void and does not require payment of ad valorem court fees.
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
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.
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