1. This second appeal has been filed at the instance of defendant.

2. A suit for declaration of Bhumiswami right and injunction was filed by the plaintiff (respondent No.1 herein) against the first defendant-appellant. In that suit the appellant filed written statement and also filed counter claim claiming possession of the suit property which is an agricultural land and further a decree of injunction that after the possession is restored to the defendant, plaintiff should not interfere in her possession. The defendant in her counter claim has also claimed compensation of Rs.6,500/-.

3. The learned trial Court framed necessary issues and after recording evidence of the parties decided all the issues against the plaintiff and the issues which were framed in respect to counter claim, were decided in favour of first defendant-appellant. The learned trial Court further came to hold that because plaintiff sold the suit property by executing a registered sale-deed in favour of first defendant for a consideration of Rs.1,91,400/ therefore the plaintiff is required to pay ad valorem court-fees because he is seeking cancellation of the sale-deed in which he was a party, being vendor.