Laxminarayan vs Dariyaobai - 1996 Supreme(MP) 1138

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Applicants : Anil Ojha
For the Respondents: Kutumble

Headnote:(1) Court-fees Act, 1870 – S. 7 (iv) (a) – cancellation of sale deed sought – suit would be valued on the valuation of sale deed – ad valorem court – fees on such amount should be paid.
       (2) Suits Valuation Act, 1887 – S. 8 – suit for cancellation of sale deed – suit would be valued on the valuation of sale deed.
        Short Note
       1. Heard the counsel on both sides.
       2. This revision is directed against the order dated 8.9.94 passed by the Civil Judge Class – 1, Sarangpur in C.S.O. No. 157 – A/89 rejecting the petition of the petitioner/defendant for a direction to the non – applicant/plaintiff to value the suit properly and to pay the advalorem court fee for the cancellation of 2 – sale deeds mentioned in the plaint.
       3. The plaintiff/non – applicant has filed instant civil suit for cancellation of 2 – sale deeds as also for the possession of the suit land and has paid Rs. 30/ – as court – fee valuing this suit to Rs. 550.
       4. The petitioner/defendants have raised objection regarding the court fee and jurisdiction of the Court. They also made an application in the trial Court for a direction to the non – applicant/plaintiff to value the suit properly and to pay the advalorem court fee on the 2 – sale deeds challenged in the suit. The petition has been rejected by the trial Court by the impugned order.
       5. The valuation of the 2 – sale deeds comes to Rs. 58,500/ – , therefore this suit has to be valued on the total valuation of the 2 – sale deeds challenged in the plaint. The plaintiff was also required to pay advalorem court fee for the cancellation of the 2 – sale deeds.
       6. Since the non – applicant/plaintiff has sought for cancellation of 2 – sale deeds, the plaint should have been valued on the basis of the valuation of the 2 – sale deeds for the purpose of jurisdiction and the plaintiff was also required to pay the advalorem court fees for displacement of titles accrued to the purchasers on the basis of 2 – sale deeds.
       7. The impugned order, therefore, cannot be sustained. Accordingly it is set – aside and the result the petition succeeds and is allowed.
       8. It will be open to the non – applicant/plaintiff, who is an Harijan lady to move the Court for exemption in the payment of court fee as per notification of the State Government under the Stamp Act.