KIRITKUMAR RAMRAI JANI [DR.] Vs. GANGARAM GOPALBHAI

JUDGEMENT

(1.) The challenge in this petition is to the order passed by the trial court requiring the petitioner/plaintiff to pay court fee on the basis of Rs. 40,000.00 .

(2.) The plaintiff had filed the suit inter alia alleging that he had purchased plot No. 3 in S. No. 92 for Rs. 3,000.00 by registered deed dated 9.11.1976 from one Virendrakumar Mobjibhai through his guardian, Manjibhai Nathubhai. Said Virendrakumar had, through his said guardian, purchased the aforesaid plot from the original owners, Patel Naranbhai Shivram and Kanjibhai Budhabhai, on 27.10.1976. The said lands had been divided into 10 plots and one of the plots had been purchased by the petitioner/plaintiff. It was further alleged in the plaint that the respondent purported to have purchased this very land from the original owner and he was trying to disturb the plaintiffs possession and some bricks also have been thrown on the land in question. Permanent injunction was prayed for by the petitioner against the respondent.

(3.) The case of the respondent before the trial court was that he had purchased the property in question for Rs. 40,000.00 . The trial court came to the conclusion that the plaintiff, in effect, seeks nullity of the sale deed in favour of the respondent, who is stated to have purchased the land for Rs. 40,000.00 and, therefore, court fee must be paid on Rs. 40,000.00 .