DILIP BASTIMAL JAIN Vs. BABAN BHANUDAS KAMBLE

JUDGEMENT

(1.) THE often raised familiar question of law placed before me by way of this revision, relates to the payment of Court fees under the Bombay Court Fees Act, 1959 ("the Act" for short) in a suit seeking specific performance of contract of sale coupled with relief of declaration that sale in favour of subsequent transferee is bad, illegal and void.

(2.) THE background facts are as under :

(3.) IT was further alleged that part of the suit property admeasuring an area of 19 ares was purchased by the original defendant No. 6 (present petitioner) for a consideration of Rs. 4,80,000/-, on 8-1-1998; out of which whereas the original defendant Nos. 13 and 14 purchased area of about 6. 3 ares for the consideration of Rs. 2,11,000/-, on 27-4-1998.