AJAY RIWARI Vs. HIRDAY RAM TIWARI

JUDGEMENT

(1.) This is a First Appeal From Order under Section 6-A 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 others. 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. 10.0 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 others 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. 10.0 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.) The appeal was presented with some delay and the delay in filing the same was condoned vide Court's order dated 3-3-2006. Now the appeal has come up for admission/ final disposal. Since all the parties are duly represented and the counsel have agreed for the disposal of the appeal at the admission stage, the same is being decided finally.