An executant of a deed seeking its annulment or cancellation is legally required to pay ad valorem court fees, as distinguished from a non-executant who may seek a declaration of the deed's invalidity.

PANKAJ JAIN, J. (ORAL)

1 Present revision petition is directed against order dated 29.11.2019 (Annexure P-6) passed by Civil Judge, Junior Division, Abohar whereby on the application filed under Order VII Rule 11 read with Section 151 CPC the Trial Court has directed the plaintiff to pay ad valorem Court fee.

2 Counsel for the petitioner has assailed the order contending that even though the plaintiff is the executant of the transfer deed, but the same being within family was without consideration and thus the plaintiff ought not have been asked to pay ad valorem Court fee. He relies upon Section 7(iv) (c) of the Court-fees Act, 1870 (for short, 'the 1870 Act') to submit that since the land has been exempted from payment of revenue in State of Punjab, no ad valorem Court fee is payable.

3 Per contra, Mr. H.S.Bhatia, Advocate for respondent No.2 would submit that the petitioner being executant of the transfer deed challenged by way of present suit is required to pay ad valorem Court fee on the value of the suit property. He relies upon ratio of law laid down by Supreme Court in Suhrid Singh @ Sardool Singh vs. Randhir Singh , 2010(2) RCR (Civil) 564.

4 I have heard learned counsel for the parties and have gone through the records of the case.

5 In order to appreciate the rival contentions raised by counsel representing parties, it will be apt to peruse Section 7 of the 1870 Act which reads as under :-

“7. Computation of fees payable in certain suits.-The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :-

for money.-(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)- according to the amount claimed;

for maintenance and annuities.-(ii) In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;

for other moveable property having a market-value.-(iii) In suits for moveable property other than money, where the subject-matter has a marketvalue- according to such value at the date of presenting the plaint;

(iv) In suits-

for moveable property of no market-value.-(a) for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title,

to enforce a right to share in joint family property.-(b) to enforce the right to share in any property on the ground that it is joint family property,

for a declaratory decree and consequential relief.-( c) to obtain a declaratory decree or order, where consequential relief is prayed,

for an injunction.-(d) to obtain an injunction,

for easements.-(e) for a right to some benefit (not herein otherwise provided for) to arise out of land, and

for accounts.-(f) for accounts-

according to the amount at which the relief sought is valued in the plaint or memorandum of appeal.

In all such suits the plaintiff shall state the amount at which he values the relief sought 1[***];

for possession of land, houses and gardens.-{v) In suits for the possession of land, houses and gardens-according to the value of the subject-matter; and such value shall be deemed to be-

where the subject-matter is land, and-

(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue; and such revenue is permanently settled-ten times the revenue so payable;

(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid; and such revenue is settled, but not permanently- five times the revenue so payable;

(c) where the land pays no such revenue, or has been partially exemp