DILIP KHUSHALCHAND (SRISRIMAL) JAIN Vs. HARDIK DEEPAKBHAI RAMANI

JUDGEMENT

(1.) The challenge in this writ petition is to the order dtd. 24/3/2017 passed by the Court of Joint Civil Judge, Junior Division, Shrirampur, on application below Exhibit-25 in a suit, being Regular Civil Suit No.267/2014. By the impugned order, the petitioners - plaintiffs have been directed to value the suit for the purpose of Court fees and jurisdiction in terms of the provisions of Sec. 6(iv)(ha) of the Maharashtra Court Fees Act (for short, 'the said Act') and pay appropriate Court fees.

(2.) Heard learned Advocates for the parties. Perused the impugned order and the copy of the plaint in R.C.S. No.267/2014. Petitioners-plaintiffs claim to be the owners of agricultural land (suit land), being Gat No.56/1, particularly described in paragraph 1 of the plaint. According to them, the suit land originally belonged to Shri Khushalchand Kishanchand Srisrimal (Jain). Khushalchand passed away on 13/5/1992. The petitioners are late Khushalchand's class-I heirs and thus, owners of the suit land. Shri Baburao Shelke had been engaged as a servant by late Khushalchand for cultivation of the suit land. On the demise of Baburao, his sons started cultivating the suit land on terms and conditions on which deceased Baburao would cultivate the same.

(3.) In March-2014, the petitioners received a notice of mutation entry, to be effected in respect of the suit land. The petitioners thereby realised that the respondents - Shelkes (Respondent Nos. 3 to 6) sold the suit land to respondent Nos. 1 and 2 under a registered sale-deed dtd. 14/6/2013. Late Khushalchand had not executed any power of attorney in favour of respondent Nos. 3 to 6 authorising them to alienate the suit land. As such, the sale-deed dtd. 14/6/2013 is void ab initio. The petitioners, therefore, filed the suit for the following main reliefs :