TARUN MALKAPURKAR Vs. JITENDRA AGRAWAL

JUDGEMENT

(1.) With the consent of both the parties heard finally.

(2.) According to the petitioner, he purchased an agricultural land by way of registered sale-deed dated 13.02.2003 and his name was recorded in the revenue records. It is alleged that the respondent No.1 prepared forged power of attorney dated 17.11.2008 and on the basis of same, transferred certain land owned by plaintiff by registered sale-deed dated 26.04.2009 in favour of respondent No.2. Thereafter, the plaintiff filed the suit seeking relief of declaration that the power of attorney dated 17.10.2008 is forged, null and void and the saledeed was executed on the basis of said power of attorney is not binding upon the petitioner. After notice, the defendant/respondent appeared in the Court and filed an application under Order 7, Rule 11 and prayed that the plaintiff is required to pay ad-valorem court fees. The said application was allowed vide order dated 21.04.2011 with the direction to the plaintiff to value the suit as per value of land mentioned in the sale-deed.

(3.) Being aggrieved by the said order, the petitioner filed a writ petition i.e. W.P. No.3917/2011 before this Court. This Court by order dated 27.01.2012 disposed of the writ petition with the observation that the trial Court has only directed to value the suit in accordance with the market value of land in sale deed, but did not directed for payment of ad-valorem court fees.