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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Satvir – Appellant
Versus
Raghubir – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. Challenge in the present revision petition is to the order dated 03.07.2018, whereby, an application under Order 7 Rule 11 CPC, filed at the instance of the respondents-defendants, was allowed.
2. The material facts, as culled from the paperbook are as follows:-
That, initially, petitioner-plaintiff Satvir had filed a suit for seeking declaration and permanent injunction, as consequential relief. He asserted himself to be owner-in-possession of the agricultural land, as detailed in paragraph No.1 of the plaint, copy whereof is Annexure P-1. He had approached respondent-defendant No.1 for sale of the agricultural land, who had further facilitated the sale of the land, in favour of respondents- defendants No.2 and 3, for a sale consideration of Rs.62,50,000/-. It was settled that respondent No.1 shall pay the sale consideration to him at the house and respondent No.1, knowingly and intentionally executed sale deeds in favour of respondents No.2 and 3.
3. Furthermore, the sale deeds were executed on 24.12.2015 and since the sale consideration was a big amount, the respondents-defendants had agreed to pay the said sale consideration to the petitioner-plaintiff
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 relief sought for annulment of sale deeds and declaration of ownership required ad valorem Court fee.
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....
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 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 main legal point established in the judgment is the determination of court fee for agricultural land and the distinction between seeking annulment of a deed and seeking a declaration that the dee....
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.
A non-executant plaintiff seeking declaration and possession must pay court fees under Sections 7(iv)(c) and 7(v) of the Court Fees Act, not based on the transfer deed's market value.
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