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

6 So far as the issue with respect to Court fee is concerned, Mr. Ravi Dutt Sharma, Advocate is not in a position to dispute that the plaintiffs are not the executant of the said deed. The issue with respect to valuation of a suit challenging deed not filed by the executants has been answered by Supreme Court in the case of Suhrid Singh @ Sardool Singh Vs. Randhir Singh & ors., 2010(2) RCR (Civil) 564 observed as under :-

“ 6. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non-est, or illegal or that it is not binding on him. The difference between a prayer for cancellation and declaration in regard to a deed of transfer/conveyance, can be brought out by the following illustration relating to `A' and `B' -- two brothers. `A' executes a sale deed in favour of `C'. Subsequently `A' wants to avoid the sale. `A' has to sue for cancellation of the deed. On the other hand, if `B', who is not the executant of the deed, wants to avoid it, he has to sue for a dec