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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK
Vijay Jatav, S/o. Shri Ratan Jatav – Appellant
Versus
Prem Kushwah, S/o. Late Shri Shrilal Kushwah – Respondent
ORDER :
ANAND PATHAK, J.
With consent heard finally.
1. The present petition under Article 227 of the Constitution has been preferred by the petitioner taking exception to the order dated 28.10.2021 (Annexure P/1) passed by Trial Court (4th Civil Judge Junior Division, Shivpuri), whereby application preferred by the petitioner as defendant under Order VII Rule 11 of the CPC read with Section 151 of the CPC has been rejected.
2. Precisely stated facts of the case are that Late Shrilal was father of the respondents No.1 to 6 and husband of respondent No.7 and was the Bhumiswami of the suit land bearing Survey No.319 ad-measuring 0.209 hectare, Survey No.355 ad-measuring 0.31 hectare, Survey No.359 ad- measuring 0.167 hectare and Survey No.356 ad-measuring 1.098 hectare situate at Maniyar, Tahsil and District Shivpuri. Late Shrilal sold this land to the present petitioner Vijay Jatav (who is defendant in civil suit) vide two registered sale deeds, one sale deed dated 12.11.2018 for consideration of Rs.34,25,000/- and another to the respondent No.8 Radheshyam Ojha for consideration of Rs.30,000/-
3. After death of Late Shrilal , plaintiffs (who are respondents No.1 to 7 herein), filed a c
Non-executants in a suit challenging sale deeds based on allegations of fraud are not required to pay ad-valorem court fees, establishing a distinction from executants.
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.
Executants of sale deeds seeking annulment must pay ad valorem Court fee based on total consideration, as opposed to non-executants seeking mere declarations.
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.
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
Non-executant plaintiffs challenging validity of sale deeds must pay ad valorem court fees due to lack of possession.
A suit which has not been properly valued and proper court fee has not been paid, can rejected in terms of Order 7 Rule 11 of CPC.
Plaintiffs, as executants of sale deeds, are required to seek cancellation of the deeds and affix ad-valorem court-fee as per the sale consideration mentioned in the deeds, even when seeking a declar....
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