PT CHANDRA DHAR DUBE Vs. RAM JANKI

JUDGEMENT

(1.) This is an appeal from an order under Section 16A, Court-fees Act. It arises out of a suit brought by three plaintiffs. Plaintiff No. 1 alleges himself to be the trustee and manager of the property dedicated in favour of plaintiffs Nos. 2 and 3, who arc the deities in whose favour the property is said to have been dedicated under a deed executed by one Smt. Janki. The aforementioned three plaintiffs came to court seeking the following reliefs: 1. That it be declared that the sale deed executed by Smt. Sunjhari in favour of Sri Ram Janki dated 14-10-49, in respect of the house in suit is void ab initio and does not affect the title and interests of the plaintiffs Nos. 2 and 3;

(2.) If it be found that the plaintiffs are not In possession of the house in suit, then possession be delivered to the deities who are plaintiffs Nos. 2 and 3 by ejecting the defendants. 2. The trial court held that so far as the first relief is concerned, it involves cancellation of or adjudging void a sale deed executed by Smt. Sunjhari who was a predecessor-in-title of the plaintiffs in favour of Sri Ram Janki; and therefore the court fee on the said relief was payable under Section 7 (iv-A) (1) of the Court-Fees Act as amended in Uttar Pradesh. So far as the Second relief is concerned, it held that the plaintiffs being out of possession, they are liable to pay an ad valorem court fee under Section 7 (v) of the Court-Fees Act.

(3.) Aggrieved with the said order, the plaintiffs have filed this appeal in this Court.