The determination of court fees and valuation for pecuniary jurisdiction of the Court in a suit for cancellation of a sale-deed regarding agricultural land is based on the provisions of sub-section (v) of Section 7 of the Court Fees Act, 1870, using the annual rent assessed by the Collector.

Vishnu Chandra Gupta,J.

This writ petition is being disposed of finally at the admission stage after hearing the learned counsel for the petitioners and the learned counsel appearing for opposite parties 1 and 2 without issuing notice to opposite party no. 3.

2. A suit for cancellation of sale-deed dated 13.5.2010, which was in respect of agricultural land, was filed by opposite party no. 3 before IVth Civil Judge (Junior Division), Court No. 36, Lucknow having Regular Suit No. 656 of 201, Vir Bahadur Singh Vs. Smt Mamta Singh and others. The petitioners filed written statement in the suit assailing the pecuniary jurisdiction as well as computation of court fees for seeking relief by the plaintiff. The trial court vide its order dated 10.9.2012 decided both issues in favour of plaintiff, the opposite party no. 3 in this writ petition. Against the said order, petitioners preferred Civil Revision having no. 311 of 2012 in the court of District Judge,Lucknow which was subsequently transferred to the court of Additional District Judge, Room No. 8, Lucknow. The petitioners could not succeed in the revision and the order dated 10.9.2012 passed by the IVth Civil Judge (Junior Division), Court No. 36, Lucknow was affirmed.

3. It is not in dispute that property in question and the subject matter of sale-deed is agricultural land. The provisions of Court Fees Act, 1870 (hereinafter referred to as the 'Act') as applicable in the state of Uttar Pradesh provide the manner of payment of court fees under section 7 of the Act. For the purpose of cancellation or adjudging void instruments and decrees the provisions are contained in sub section (iv-A) of section 7 of the Act.

The provisions of sub section of (iv-A) of section 7 are reproduced here-in-below .

For cancellation or adjudging void instruments and decrees- (IV-A) In suits for or involving cancellation of or adjudging void or voidable a decree for money or other property having a market value, or an instrument securing money or other property having such value:

(1) where the plaintiff or his predecessor in title was a party to the decree or the instrument, according to the value of the subject matter, and

(2) where he or his predecessor-in-title was not a party to the decree or instrument, according to one fifth of the value of the subject matter, and such value shall be deemed to be-

if the whole decree or instrument is involved in the suit, the amount for which or value of the property in respect of which the decree was passed or the instrument executed, and if only a party of the decree or instrument is involved in the suit, the amount or value of the property to which such part relates.

Explanation- The value of the property for the purposes of this sub-section, shall be the market value, which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-sections (v) (v-A) or (v-B), as the case may be".

The explanation added to this sub section clearly provides that for the purpose of sub section the market value in the case of immovable property shall be deemed to be the value as computed in accordance with sub sections (v), (v-A) and (v-B) , as the case may be.

For ready reference sub sections (v), (v-A) and (v-B) of section 7 of the Act as applicable in the state of Uttar Pradesh are reproduced hereinbelow: -

"(v)- For possession of lands, houses and gardens-(v) In suits for the possession of land, buildings and gardens-

according to the value of the subject matter; and such value shall be deemed to be-

(I) Where the subject-matter is land, and -

(a) where the land forms an entire estate or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate, and is recorded in the Collector's register as separately assessed with such revenue and such revenue is permanently settled -

thirty times the revenue so payable:

(b) where the land forms an entire estate, or a definite share of an estate, payi