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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Kiran – Appellant
Versus
Parmod – Respondent
| Table of Content |
|---|
| 1. factual context regarding mortgage deed challenges and trial court rulings. (Para 1 , 2) |
| 2. executants of deeds must pay ad valorem court fees for cancellation. (Para 3 , 4) |
| 3. high court jurisdiction under article 227 is limited and sparingly used. (Para 5) |
| 4. revision petition dismissed with extension for deposit of court fees. (Para 6 , 7 , 8) |
JUDGMENT :
VIKAS BAHL, J. (ORAL)
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the impugned order dated 02.04.2019 whereby the application under Order VII Rule 11 CPC filed by the respondents has been allowed.
2. The plaintiff has filed the present revision petition challenging the order dated 02.04.2019 vide which the plaintiff has been directed to pay ad valorem Court fee on the mortgage amount. A perusal of the impugned order would show that it has been noticed by the trial Court that a mortgage deed No.3670 dated 08.08.2014 was registered at the office of Sub Registrar, Bahadurgarh and the plaintiff had mortgaged the suit land as detailed in para 1 of the plaint to the defendants for mortgage amount of Rs. 20,75,000/- and thereafter had filed a suit for declaration an
An executant of a deed seeking its cancellation must pay ad valorem court fee based on the consideration amount stated in the instrument. The power of judicial superintendence is limited and should n....
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
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....
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.
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 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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