AIR 2004 PUNJAB AND HARYANA 207 ::(2005) 1 CivilCourtC 337 ::(2004) 4 RecCivR 582 ::2004 (2) HRR 402 ::2004 (3) Pun LR 513

Punjab And Haryana High Court

Hon'ble Judge(s): V. M. Jain , J

(A) Court-fees Act (7 of 1870) , S.7(iv)(c)— Suit for declaration - Payment of ad valorem Court-fee - Grounds - Sale of property - Suit for declaring sale deed, illegal and void and not binding on plaintiff with consequential relief of possession and mandatory injunction - Ad valorem Court-fee on consideration in sale deed payable as by filing suit for declaration cancellation of sale deed sought. Where a suit has been filed by the plaintiff for declaration that the sale deed executed by his father was without legal necessity and without consideration and was illegal and void and not binding on the rights of the plaintiff, then there is challenge to the validity of the sale deed and thus the plaintiff is required to pay ad valorem Court-fees as per sale consideration as mentioned in the sale deed.(Para 7) (B) Civil P.C. (5 of 1908) , S.114— Court-fees Act (7 of 1870) , S.7(iv)(c)— Review of order by Court on question of payment of ad valorem Court-fee in suit for declaration which was not in conformity with law - Justified. (Para 8) .....