HALKA KUSHWAHA Vs. PYARELAL KACHHI

JUDGEMENT

(1.) Heard.

(2.) Petitioner/plaintiff claiming right over the suit property through their common ancestor Sardar Kushwaha sought declaration of title over the suit property detailed in paragraphs 2 (a) and 2 (b) of the plaint, situated at village Ramtoriya, Patwari Halka No. 15. Revenue Circle Village Ghuwara, Tahsil Bada Malehara, District Chhatarpur and for the relief that the sale-deeds executed on 5.9.2012, 13.9.2012, 17.9.2012, 1.10.2012 and 3.1.2013 be declared null and void and the decree passed on 24.12.2002 in Civil Suit No. 49 A/99 as null and void being obtained by playing fraud and for setting aside the order of mutation. The Trial Court taking into consideration the number of plaintiffs and a finding that several causes of action have been joined (in context to the different sale deed) in the suit as permissible, under Order 2 Rule 3, Code of Civil Procedure, 1908; however, taking note of the decision of our High Court in Rakesh Gautam and others v. State of M.P. and others [ILR (2011) MP 2734], directed for payment of separate Court fees by each of the plaintiff.

(3.) Evidently, the case of Rakesh Gautam (supra) was a petition filed under Article 226 of the Constitution of India; wherein on a finding that respective petitioners were though joined in the single petition but were having distinct and separate cause of action and on the principles carved out from Section 17 of the Court Fees Act, 1870 to avoid inconvenience, separate Court fees by respective petitioners was ordered. The Trial Court observed: