Misra, J.--l. In this intra-Court appeal, the challenge is to the order dated 12.9.2008 passed by the learned Single Judge in Writ Petition No. 14545/2007.

2. The appellants as petitioners invoked the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India calling in question the legal validity of the order dated 25.8.2007 passed by the learned Second Additional District Judge, Jabalpur in Civil Suit No. 16453/2007. The learned Single Judge has concurred with the conclusion recorded by the Trial Judge whereby he had held that the appellants as plaintiffs were required to affix the ad valorem court fee for declaring the sale deed dated 11.5.2004 registered on 12.5.2004/14.5.2004 as null and void.

3. We have heard Mr. Shripal Jain, learned counsel for the appellants, on the question of admission. It is submitted by Mr. Jain that the plaintiffs were trying to avoid the sale-deed and, therefore, they are only required to pay the fixed court fee.

4. On a perusal of the order passed by the learned Single Judge, it is perceivable that he has referred to the relief clause of the civil Suit which clearly mentions for declaring the document executed by defendant No.3 in favour of the respondent Nos. 10 to 30 as null and void and to deliver the possession and prayed for other ancillary reliefs. On a perusal of the relief clause, it is clear as, crystal that it contains consequential reliefs. That apart, the plaintiff are parties to the document. They intead to declare the sale-deed null and avoid. As is mainfest from the order of learned Single Judge, he has referred to the decision rendered in Pratap and another v. Punia Bai and others. (1976) JLJ 703).

5. In this context, we may profitably refer to the decision rendered in Kunti Devi w/o Ramdas v. Roshanlal S/o. Ramdas, 1987 MPLJ 25, wherein this Court, after referring to the decision rendered in Shams her Singh v. Rajinder Prashad and others, AIR 1973 SC 2384, Ashok v. Narsinghrao and others, 1974 MPU 900, Dattaji Parashramji Patil v. Mst. Bhagirathi and others, ILR 1939 Nag. 373 and Santosh Chandra and others v. Gyan Sunder Bai and others, 1970 MPU 363 (FB), held that the plaintiffs, being parties to the sale deed, are prima facie bound by it and the relief of declaration simpliciter is not available. The declaration claimed by the plaintiffs necessarily involved a prayer for consequential relief of cancellation of the sale deed, therefore, the court fee is payable under Section 7 (iv) (c) of the Court Fees Act.

6. In Mohammad Jameel Khan and others v. Miththulal Khushal Singh Gujar and others, 1999 (2) JLJ 218= 1999 (I) MPLJ 37, it has been held that . while considering the question of payment of court fee, the allegations contained in the plaint have to be seen. The plaintiff cannot be permitted to mould the facts and circumstances and the real intention. It transpires that the intention of the plaintiff was something different than what had been claimed. The Court cannot overlook it. In case where the plaintiff sought a declaratory relief only, but in substance aimed at setting aside the sale deeds, the court fee has to be paid in accordance with the law governed by section 7 (iv) (c) of the Court Fees Act. The third parties without notice of the alleged fraud can acquire rights and interest in the property and get it enforced against the person defrauded. It cannot, under the circumstances, be taken that he was not a party to the document. Unless the document is got Cancelled by a decree of Court, it remains a valid document. The relief of declaration cannot be sufficient. The plaintiff has to ask for a consequently relief of cancellation of the sale-deed in order to avoid it Consequently, a consequential relief of cancellation of sale deed is necessary and the plaintiff was required to pay ad valorem court fee on the value of the sale deeds under Section 7 (iv) (c) of the Court Fees Act.

7. In the case at hand, the plaintiffs are par