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VIVEK RUSIA
Rajpalsingh S/o Shri Ishwarsingh Sisodiya – Appellant
Versus
Dilip Anjana S/o Late Shri Vikramsingh – Respondent
ORDER :
1. The petitioner/defendant has filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dated 19.01.2021 passed by the Additional District Judge, Badnagar Districti - Ujjain, whereby the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.
2. Respondents No. 1 & 2/plaintiff filed a suit for declaration and permanent injunction in respect of land bearing Survey No. 115/2 area 3.380 hectare situated at Village - Nanyakhedi, Tehsil - Badnagar, District - Ujjain. According to the plaintiffs, they are the joint owner of the suit land and no partition has taken place. Plaintiff No. 1 was in need of money, for which he borrowed an amount of Rs.13,00,000/- from defendant No. 1. In order to execute the agreement, she was called in the office of Deputy Registrar, where defendant No. 1 obtained her signature on blank paper and got prepared a forged power of attorney. Again they were in need of money and requested defendant No. 1 to give a loan of Rs.15,00,000/-. Plaintiff No. 2 put thumb impression on blank paper in the Office of Deputy Registrar and the amount was paid to her by way of cheque.
Executants of a deed seeking annulment must pay ad-valorem court fee, while non-executants may only need to pay a fixed fee for a declaration of the deed's invalidity.
A sale deed executed after the cancellation of a power of attorney is void and does not require payment of ad valorem court fees.
In cases where non-executants seek declarations regarding deeds, they may need to pay fixed court fees, not ad valorem, provided they are not seeking 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.
The main legal point established in the judgment is that in a civil suit seeking joint possession, the plaintiffs are liable to pay ad valorem court fee as per Section 7(iv)(c) of the Court Fees Act,....
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