CR No.5508 of 2017

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CR No.5508 of 2017

Date of Order: 20.02.2018

Sucha Singh and Ors.

....Petitioners

Versus

Jagpal Singh and Ors

....Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. J.K. Singla, Advocate for the petitioners.

Mr. Sanjeev Kumar, Advocate for respondent Nos.1 to 4.

AMIT RAWAL, J (ORAL)

The present petition is directed against the impugned order

dated 14.7.2017 passed by learned Addl. Civil Judge (Sr. Divn.), Bathinda

whereby the application filed by the petitioners-defendants under Order 7

Rule 11 CPC for rejection of plaint due to non-payment/affixation of proper

court fee in a suit challenging agreement of sale dated 26.3.2014 with

respect to land measuring 122 kanals 12-1/2 marlas and subsequent writing

dated 14.5.2015 in respect of land measuring 50 kanals 13 marlas, has been

dismissed.

Learned counsel for the petitioner submitted that the plaintiffs-

respondents instituted the suit with the following prayer:

“Suit for declaration to the effect that agreement for

sale dated 26.03.2014 vide which the plaintiffs agreed to

sell land measuring 122 kanals 12-1/2 marlas to the

defendants i.e 20 kanals comprised in khewat/khatauni

no.47/85, khasra numbers 57//7 (8-0), 13 (4-10), 14 (8-

CR No.5508 of 2017

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0) (1/2^th share belonging to Jagpal Singh alias Jaspal

Singh, ½ share of Sukhdeep Singh and 1/5^th share of

Mandeep Singh alias Manjit Singh-plaintiffs no1,3 and

4), land measuring 04 kanals 04 marlas comprised in

khewat/khatauni no.336/517, khasra number 55//11/1

(4-4) (belonging to Jagpal Singh alias Jaspal Singh

plaintiff), land measuring 12 kanals 0 marlas

khewat/khatauni no.360/545, khasra number 58//11/1

(6-6), 11/2 (2-0), 20/1 (4-0) (1/2 share belonging to

Jagpal Singh alias Jaspal Singh and 1/2^th share

belonging to Kulwinder Kaur-plaintiffs), land

measuring 13 kanals 12 marlas comprised in

khewat/khatauni no.406/603, khasra number 55//21/2

(6-16), 58//1 (6-16) (belonging to plaintiff Jagpal Singh

alias Jaspal Singh), land measuring 08 kanals 0 marlas

comprised in khewat/khatauni no.72//7/143/18, khasra

number 57//6 (8-0), (belonging to plaintiff Jagpal Singh

alias Jaspal Singh), land measuring 31 kanals 02

marlas comprised in khewat/khatauni no.56/105, khasra

number 57//15 (8-0), 16 (8-0), 17 (8-0), 18 (7-2),

(belonging to Jagpal Singh alias Jaspal Singh-plaintiff,

land measuring 04 kanals 11-2/2 marlas i.e 3/4^th share

of land measuring 6 kanals 02 marlas comprised in

khewat/khatauni no.3/35,36, khasra number 56//15/2 (0-

12), 16/1 (4-0), 15/2 (1-10), (belonging to the plaintiff

Sukhdeep Singh), land measuring 05 kanals 11 marlas

comprised in khewat/khatauni no.336/518, khasra

number 55//20/1 (5-11), (1/2 share belonging to

Sukhdeep Singh and 1/2 share belonging to Mandeep

Singh alias Manjit Singh), land measuring 12 kanals 0

marla comprised in khewat/khatauni no.360/546, khasra

number 58//10 (8-0), 20/2 (4-0), (belonging to Mandeep

Singh alias Manjit Singh plaintiff), land measuring 02

kanals 09 marlas comprised in khewat/khatauni

no.407/604, khasra number 55//20/2 (1-17), 21/2 (0-12),

CR No.5508 of 2017

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(½ share belonging to Sukhdeep Singh and 1/2 share

belonging to Mandeep Singh alias Manjit Singh-

plaintiffs), land measuring 06 kanals 16 marlas

comprised in khewat/khatauni no.246/400, khasra

number 57//4 (6-16) (7-10) share belonging to Sukhdeep

Singh and 3/10^th share belonging to Mandeep Singh

alias Manjit Singh) and land measuring 01 kanals 17

marlas comprised in khewat/khatauni no.353/556,

khasra number (1-17) (9/20^th share of Sukhdeep Singh

and 11/20^th share of Mandeep Singh alias Manjit Singh),

situated within the revenue limits of village Gidder,

Tehsil and Distt Bathinda as per jamabandi for the year

2008-09 @ Rs.18,25,000/- per acre, from the plaintiffs

and subsequent agreements/writ