IMPORTANT POINT
In suits for declaratory decrees with consequential relief, fixed court fees apply when no possession is sought, as per Section 7(iv)(a) of the Court Fees Act.

JUDGMENT :

(Manish Mathur, J.)

Heard Mr. Mohammad Tariq Saeed, learned counsel for revisionist, Mr. Sunil Sharma and Mr. Ruved Kamal Kidwai, learned counsel for opposite party No. 2 and Mr. Syed Aftab Ahmad, learned counsel for opposite party No. 8.

2. In view of order being proposed to be passed, notices to opposite parties No. 1, 3, 4, 5, 6 and 7 stand dispensed with.

3. Learned counsel for opposite parties submit that since a question of law is involved, the revision may be decided without objections being filed by the answering opposite parties.

4. Revision under Section 83(9) of the Waqf Act 1995 has been filed against order dated 17.11.2022 passed in Case No. 38 of 2020 whereby revisionist-plaintiff has been directed to pay ad valorem Court fees on the relief sought in plaint.

5. Learned counsel for revisionist submits that the aforesaid case had been filed by revisionist seeking a relief of permanent injunction against the defendants and their agents from interfering in peaceful possession over suit property. Further relief for a decree of declaration for properties entered in Waqf deed dated 3.12.1924 as Waqf Properties were also sought. It is submitted that for the purposes of payment of Court fees, it was indicated in the plaint that Waqf Property not having marketable value, only for the purposes of payment of Court fee, suit was being valued tentatively at Rs. 1000/- and since prayer for permanent injunction had been sought, the maximum prescribed Court fee of Rs. 500/- was being paid and on the point of declaration, Rs. 200/- was being paid.

6. It is submitted that objection against the valuation and Court fee was filed by defendants whereafter by means of impugned order dated 17.11.2022, the Waqf Tribunal held that in view of relief sought in the suit, ad valorem Court fee was payable which was required to be paid within a period of two weeks.

7. Learned counsel for revisionist submits that while passing impugned order, Tribunal has ignored specific provisions of Section 7 of Court fee Act 1870 inasmuch as, with regard to relief sought, Court fee was payable only in terms of Section 7(iv)(a) excluding the provisions of Section 7(iv)(A) of the aforesaid Act and as such only the fixed Court fees was required to be paid as indicated in plaint and not ad valorem Court fee.

8. Learned counsel has placed reliance on judgment rendered by Division Bench of this Court in the case of Basant Kumar Mata Nehliya v. Chowdhary Ujjair, (2011)89 ALR 551, to buttress his submission.

9. Learned counsel appearing on behalf of opposite parties on the other hand submits that in view of consequential relief being sought by the revisionist-plaintiff, Tribunal has rightly considered the provisions of Section 7 of the Act and has rightly adjudged ad valorem Court fee being payable by plaintiff in view of relief that has been sought in plaint.

10. He has placed reliance on judgment of Coordinate Bench rendered by this Court in the case of Dr. Sushil Suri v. Harish Suri and others, 2023(2) ADJ 552 (LB).

11. Upon consideration of submissions advanced by learned counsel for parties, the question of law requiring adjudication is whether in a suit for declaration with consequential relief for permanent injunction, ad valorem Court fee or fixed Court fee is payable in terms of Section 7(iv) of the Court Fees Act, 1870.

12. For the aforesaid purpose, it is relevant to indicate that in the suit filed by revisionist, a decree for declaration of suit properties as Waqf Properties in terms of Waqf deed dated 3.12.1924 was sought alongwith consequential relief of permanent injunction to restrain defendants from interfering in the peaceful possession of plaintiff over the suit property. It is noticeable that no prayer for consequential relief of possession has been sought by the plaintiff.

13. Section 7 of Court Fees Act, 1870, which is relevant for the purposes is as follows:

''Computation of fees payable in certain suits for money.-The amount of fee p