AMOLAK SINGH TUTEJA Vs. MUNNI BAI SHARMA

JUDGEMENT

(1.) Petitioner/plaintiff takes exception to order-dated 14.5.2012 passed in Civil Suit No.204-A/2011 whereby, trial Court has directed the plaintiff to value the relief of injunction and pay the fixed Court fees thereon as per Sec. 7(iv)(d) of the Court Fees Act, 1870.

(2.) The suit is for specific performance of contract and for declaration of sale deed dated 10.2.2000 executed by respondent No.3 in favour of respondent No.2 as null and void and for permanent injunction for restraining the respondents from dispossessing the petitioner from suit property.

(3.) As to the relief for specific performance, petitioner valued the suit for Rs.5,50,000.00 and paid ad-valoram Court fees of Rs.36,000.00. As to declaration for the sale deed dated 10.2.2010 to be null and void, as the petitioner is not the executant and is in possession of suit property, the trial Court is justified in not calling upon the petitioner to have paid the ad-valoram Court fees in view of the decision in Suhrid Singh Vs. Randhir Singh (2010) 12 SCC 112.