KUNTI DEVI RAMDAS Vs. ROSHANLAL RAMDAS

JUDGEMENT

(1.) THE petitioner is mother of the respondent. She executed a registered sale-deed dated 24-1-1985 valued at Rs. 42,000/- in his favour in respect of a house. Afterwards, she instituted a suit against him for a declaration that the sale-deed was illegal and void on the allegations that it was got executed by the respondent without payment of consideration and by practising fraud upon her. The suit was valued at Rs. 42,000/- for the purpose of jurisdiction and fixed court-fee of Rs. 30/-only was paid thereon under Schedule II of Article, 17 of the Court-Fees Act. An objection was raised on behalf of the respondent that the plaint was deficiently stamped as the suit fell under section 7 (iv) (e) of the Court-Fees Act for the purpose of court-fees and ad valorem court-fees on Rs. 42,000/- was required to be paid thereon. The trial Court, by order dated 31-10-1985, upheld that contention of the respondent and ordered the petitioner to pay ad valorem court-fees on the value of the sale-deed. Being aggrieved thereby, the petitioner has preferred this revision petition.

(2.) AS observed by their Lordships of the Supreme Court in the case of Shamsher singh vs. Rajinder Prashad and others (AIR 1973 S. C. 2384) -

(3.) IN the present suit, the petitioner-plaintiff is prima facie, bound by the sale-deed. She being a party thereto, the relief of declaration simpliciter is not available to her under the proviso to section 34 of the Specific Relief Act and the declaration claimed by her necessarily involves the prayer for consequential relief of cancellation of the sale-deed. Therefore, she must pay ad valorem court-fee on the value of the sale-deed. Thus, the view taken by the trial Court does not call for interference and the revision petition fails.