MAHRAB AND ORS. Vs. HULLAN KHAN AND ORS.

JUDGEMENT

(1.) The present appeal, filed under Section 6 A of the Court Fees Act, 1870, is directed against the judgment and order dated 24th February, 2015, passed by the Additional Civil Judge (Senior Division), Court no.2, Aligarh in Original Suit No.1775 of 2013 (Mehrab and another Vs. Hullan Khan and others), whereby the appellants/plaintiffs (hereinafter referred as the 'appellants'), have been directed to pay ad- valorem court fees.

(2.) On behalf of the appellants, validity of the impugned judgment and order have been challenged on the ground inter-alia that the court below has misread the plaint illegally and relied on the case law not applicable to the facts of the present case. The suit has been properly valued and court fees have been paid accordingly. Thus, the impugned judgment and order are illegal and without jurisdiction.

(3.) The said original suit was filed by the appellants on the allegation that they were transferable bhumidhar, owner in possession of the property in dispute, details whereof have been given at the foot of the plaint and used by the appellants for the residential purposes. The appellants have inherited the property in suit from their younger brother Mahoob Ali, who died in the year 2001 issueless. The respondent nos. 1 and 2 fraudulently and dishonestly got executed the sale deed dated 27th September, 2013 by respondent no.3. Now they want to grab the property in suit. Request has been made to declare the said sale deed to be void and by way of prohibitory injunction, respondents be restrained from interfering with the peaceful possession, use and occupation of the property in dispute by the appellants.