MOHD IBRAHIM Vs. SADIKA BEGUM

JUDGEMENT

(1.) Mohd. Ibrahim (the appellant) filed suit No. 75 of 2004 for declaring sale-deed dated 5.2.2004 executed by Mohd Azmal in favour of Smt. Sadika Begum (respondent-1) as null and void. In this suit the Trial Court framed issue No. 6 relating to valuation of the suit and sufficiency of the Court fee paid in the suit.

(2.) The Trial Court vide order dated 23.12.2011 held that valuation of the suit has been properly given as ' 19,22,000/-. However, the Trial Court held that in substance, the suit had been filed for cancellation of the registered sale-deed as such the plaintiff was required to pay Court fee for the relief of cancellation of the sale-deed and the Court fees of ' 200/- paid on this relief is insufficient. Hence, the present appeal under section 6-A of the Court Fees Act, 1870.

(3.) We have heard Sri Lalit Kumar, Counsel for the appellant, Sri P.K. Rai, Counsel for respondent-1 and Standing Counsel for the State.