A non-executant seeking annulment of a deed is required to pay a fixed court fee, not ad-valorem, as they are not privy to the transaction.

ORDER

The present petition, under Article 226 of the Constitution of India , has been preferred by the petitioner against the order dated 17.12.2021 passed by II Civil Judge Class-I, Ambah, District Morena whereby an application, under Order VII Rule 11 of Code of Civil Procedure, 1908 preferred by the petitioners/defendants for dismissal of the suit as barred by law as well as the plaintiff requiring to pay ad-valorem Court fee which has not been paid, has been rejected.

2. Short facts of the case giving rise to the present controversy are that a suit for declaration and permanent injunction was filed by the plaintiff/respondent No.1 against the petitioners and respondent No.2 whereby declaration with regard to coparcenery rights over the suit property was sought and apart from the aforesaid, further declaration with respect to sale-deed dated 18.09.2020 executed by late Shri Rajendra Singh Tomar in favour of petitioners No.1 to 5 to be null and void was also sought. Further, consequential relief of permanent injunction to restrain the petitioners from alienating the suit property and from causing obstruction in the plaintiff's possession was also sought for. For declaration plaintiff/respondent No.1 had valued the suit at Rs.13,60,000/- and had paid Court fee of Rs.1,000/- and for permanent injunction, the suit was valued at Rs.800/- and Court fee of Rs.100/- was paid.

3. In the plaint, it was averred that the revenue entry of agriculture land bearing Survey Nos.815/1, 820, 824, 1062, 1048/2, 1142/2, 1122, 1047, 1054, 1055, 1064, 1120, 1136, 1138 and 1066, ad-measuring 0.410, 0.630, 0.440, 0.220, 0.250, 0.180, 6.270, 5.630, 0.050, 0.020, 0.460, 2.00 0.050, 1.140 and 1.040 hectares situated at Village Tarainy, Tehsil Ambah District Morena in the name of late Shri Rajendra Singh, who is father of petitioner No.1 to 5 and respondent No.1 is without any title. It was further averred therein that entry of Survey No.1047, 1054, 1055, 1064, 1120, 1136, 1138, 805 ad-measuring 5.630, 0.050, 0.020, 0.460, 2.00, 0.050, 1.140 and 0.260 hectares situated at Village Tarainy, Tehsil Ambah, District Morena recorded in the name of late Shri Devi Singh who is grandfather of petitioners No.1 to 5 and respondent No.1 is also without any title. Apart from the aforesaid survey numbers, name of Petitioner No.6/Ramkali entered in the revenue records with regard to Survey Nos.805, 806, 801/2, ad-measuring 0.260, 0.210 and 0.310 hectares situated at Village Tarainy, Tehsil Ambah, District Morena and Survey No.735, ad-measuring 0.390 hectares situated at Village Dhansula, Tehsil Ambah, District Morena Ramkali is also without any title.

4. It was also averred in the plaint that entry of Survey Nos.724/1, 742, 744, 745 ad-measuring 0.710, 0.710, 0.460, 0.090 and 0.440 hectares situated at Village Dhansula, Tehsil Ambah, District Morena in the name of petitioners No.1 to 5 is also without any basis, as they had no title thereupon, so also entry of Survey No.724/2, ad-measuring 1.00 hectares situated at Village Dhansula, Tehsil Ambah, District Morena in the name of petitioner No.5/Pushkar Singh is without any title. Further, entry of Survey No.741/1, ad-measuring 0.240 hectares, situated at Village Dhansula, Tehsil Ambah, District Morena recorded in the name of petitioner No.3/Sher Singh is also without any title, therefore, their names were not liable to be mutated in the revenue records.

5. Further it was pleaded that entry of 1/2 of Survey No.741/2, ad- measuring 0.240 hectares situated at Village Dhansula, Tehsil Ambah, District Morena recorded in the name of petitioners No.1, 3 and 5 is without any title, so also entry of Survey No.738, ad-measuring 0.720 hectares situated at Village Dhansula Teh