JAGMOHAN JADON Vs. STATE OF M.P .

JUDGEMENT

(1.) This Misc. Petition under Article 227 of the Constitution of India has been filed against the order dated 30-6-2020 passed by 1 st C.J. Class 2, Radhogarh, Distt. Guna in Civil Suit No. Unregistered A/2020 by which the petitioner has been directed to pay ad-valorem Court Fee.

(2.) The necessary facts for disposal of the present petition in short is that the petitioner has filed a suit for declaration of title, permanent injunction as well as for declaring the sale deed as null and void. It is the case of the petitioner that the brother of the petitioner namely Neeraj Meena had agreed to sell survey no. 282 area 2.445 hectares, 278/2/1 area 0.429 hectares situated in village Kherkhedi. Accordingly, the petitioner had gone to the office of Sub-Registrar for the execution of sale deed of his brother. It is alleged that the defendant no. 1, also took the rin pustika of the petitioner for the purposes of sale deed and in a clandestine manner, he also got a sale deed registered in respect of land belonging to the petitioner bearing survey no. 2-8/1 area 0.418 hectares without payment of consideration amount. Thus, the suit was filed for the above mentioned reliefs on the ground that the sale deed in respect of the land belonging to the petitioner has been got executed in a fraudulent manner.

(3.) The Trial Court by the impugned order, held that since, the petitioner is trying to avoid the sale deed in question, and as he was party to the said transaction, therefore, he is liable to pay ad-valorem Court.