AJAY TIWARI Vs. HRIDAY RAM TIWARI

JUDGEMENT

(1.) THIS is a first appeal from order under Section 6A of the Courts Fees Act read with Section 104, C.P.C. against the order of the Additional Civil Judge (Senior Division) Court No. 13, Allahabad dated 4.8.2005 passed in Original Suit No. 674 of 2004, Ajay Tiwari v. Hriday Ram Tiwari and Ors. The court below by the said order has decided issue No. 2 with regard to valuation and payment of court fees and has held that the suit has rightly been valued at Rs. 10 lacs but the plaintiff/appellant has not paid proper court fees.

(2.) THE plaintiff/appellant Ajay Tiwari filed Original Suit No. 674 of 2004, Ajay Tiwari v. Hriday Ram Tiwari and Ors. in the Court of Additional Civil Judge (Senior Division) Allahabad for declaring the sale deed dated 26.6.2004 registered on 5.7.2004 in respect of House No. 18/25, Mundera Bazar, Allahabad and executed by Hriday Ram Tiwari defendant No. 1 in favour of Ramesh Kumar Kushwaha and others, defendant Nos. 2 to 5 to be declared as null and void. No consequential relief thereof has been claimed. The plaintiff/appellant valued the suit as per the market value of the property on Rs. 10 lacs and paid court fees of Rs. 200 only. The defendants/ respondents contended that the suit is essentially for the cancellation of the sale deed, and, therefore, the court fees of Rs. 200 is inadequate and thus the suit cannot proceed unless proper court fees is paid. Accordingly, issue No. 2 was framed with regard to the valuation of the suit and the amount of court fees payable. The said issue has been decided by the impugned order and, therefore, the appeal.

(3.) WE have heard Shri Anil Kumar Sharma learned Counsel for the plaintiff/appellant, Shri P. K. Goswami and Shri Hari Mohan Srivastava on behalf of the defendants/respondents and the standing counsel on behalf of the State of U. P.