MAMTA SINGH Vs. ADDL. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This writ petition is being disposed of finally at the admission stage after hearing the learned counsel for the petitioners and the learned counsel appearing for opposite parties 1 and 2 without issuing notice to opposite party no. 3.

(2.) A suit for cancellation of sale-deed dated 13.5.2010, which was in respect of agricultural land, was filed by opposite party no. 3 before IVth Civil Judge (Junior Division), Court No. 36, Lucknow having Regular Suit No. 656 of 201, Vir Bahadur Singh Vs. Smt Mamta Singh and others. The petitioners filed written statement in the suit assailing the pecuniary jurisdiction as well as computation of court fees for seeking relief by the plaintiff. The trial court vide its order dated 10.9.2012 decided both issues in favour of plaintiff, the opposite party no. 3 in this writ petition. Against the said order, petitioners preferred Civil Revision having no. 311 of 2012 in the court of District Judge,Lucknow which was subsequently transferred to the court of Additional District Judge, Room No. 8, Lucknow. The petitioners could not succeed in the revision and the order dated 10.9.2012 passed by the IVth Civil Judge (Junior Division), Court No. 36, Lucknow was affirmed.

(3.) It is not in dispute that property in question and the subject matter of sale-deed is agricultural land. The provisions of Court Fees Act, 1870 (hereinafter referred to as the 'Act') as applicable in the state of Uttar Pradesh provide the manner of payment of court fees under section 7 of the Act. For the purpose of cancellation or adjudging void instruments and decrees the provisions are contained in sub section (iv-A) of section 7 of the Act.