IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Khushboo Arora – Appellant
Versus
Gursahib Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The present revision petition has been instituted by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, assailing the order dated 04.11.2025 (Annexure P-4) passed by the learned Civil Judge (Junior Division), Amritsar, whereby the application preferred by the respondent under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, “CPC”) has been allowed, allegedly without due consideration of the material facts and circumstances of the case.
2. The essential factual matrix, as borne out from the record, is that the petitioner, claiming to be the owner of the property in question, entered into an agreement to sell dated 15.04.2024 with the respondent for the alienation of the suit property. It is the case of the petitioner that the respondent failed to perform his contractual obligations, having stopped payment of three cheques issued towards earnest money amounting to Rs. 1,05,00,000/– (Rupees One Crore and Five Lac only), thereby committing a breach of the terms of the agreement. Consequently, the petitioner issued legal notices to the respondent, Gursahib Singh, intimat
A plaintiff seeking rescission of an agreement to sell is required to pay ad valorem court fees based on the total sale consideration as per Section 27 of the Specific Relief Act, 1963.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
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....
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