TRIDENT PROJECTS Vs. K R DONGRE

JUDGEMENT

(1.) The petitioners are aggrieved by the impugned orders dated 22.07.2004 passed by the learned Additional District Judge determining the preliminary issues in favour of respondent no.1.

(2.) Respondent no.1 has filed a suit for specific performance and injunction in respect of terrace rights of property bearing no. E 4/4, Vasant Vihar, New Delhi. A further relief is also claimed in respect of a sale deed executed in favour of the petitioners for the whole property by the owners subsequent to the agreement to sell to the extent that the same is sought to be declared null and void.

(3.) The only question which arises is as to whether respondent no.1 is liable to pay ad valorem court fees on the value of the sale deed executed in favour of the petitioners in view of the declaration claimed. The trial court held otherwise and thus the present petition has been filed under Article 227 of the Constitution of India.