SALIMA BEGUM Vs. SAEEDA BEGUM AND OTHERS

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) The appellant challenges the legality of order dated 2.9.2012 passed by Additional District Judge, Court No. 5, Moradabad in Original Suit No. 256 of 2008, Smt. Salima Begam Vs. Smt. Saeeda Begam and others , whereby issue no. 4 regarding valuation of the suit and payment of court fee, has been decided against the appellant and she has been directed to pay court fee according to Sec. 7(iv-A) of the Court Fees Act.

(3.) It appears that the plaintiff appellant filed the aforesaid suit for declaration that she is the sole owner in possession of the house detailed at the foot of the plaint through oral gift of Mohd. Shareef and further the sale deed dated 20.10.2008 executed by defendant no. 5 in favour of defendant no. 6 and 7 is null and void. She further prayed for permanent injunction restraining the defendants from interfering in her possession over the said house. The plaintiff has valued suit property at Rs. 7,50,000.00 for relief (A) and (B) respectively and Rs. 6,00,000.00 i.e. sale consideration of the sale deed for relief (B) and has paid court fee accordingly. The defendants inter alia alleged that the plaintiff has not paid sufficient court fee as she is required to pay ad valorem court fee on the relief for declaration adjudging the sale deed null and void.