SARVA PROPERTY Vs. NIRMALA DEVI

JUDGEMENT

(1.) This order shall decide the question of default raised by the Registry regarding proper valuation of appeal and court fees accordingly.

(2.) This appeal is preferred by the appellant/plaintiff being aggrieved by the order-dated 14.11.2007 passed by 7th Additional District Judge, Bhopal in C.O.S. No.46-A/07 whereby dismissing the application of the appellant filed under Order 6 Rule 17 of CPC he was directed to pay the court fees as directed earlier. The certified copy of the earlier order dated 2.11.2007 is also available on the record. According to it, the appellant was directed to pay ad- valorem court fees as per provision of Section 7 (iv) (c) of the Court Fees Act, 1870.

(3.) As per further averment of such order the aforesaid suit was filed by the appellant declaring his right to get executed the sale deed from the respondents as per terms and conditions of agreement dated 20.4.2006 whereby the respondent No.1 to 7 entered with it to sale their land described in paragraph 2 of the plaint in consideration of Rs.5,91,19,632/-and the same was executed by the aforesaid respondents on dated 20.4.2006 by receiving Rs.50,00,000/-as earnest money. It is also mentioned in the order that due to some dispute regarding aforesaid land some writ petition was filed before this court in which the parties have been restrained to transfer the same. In such premises, without prejudice the right to file the suit for specific performance, the impugned suit for declaration and perpetual injunction, declaring the appellant has a right to get executed the sale deed from the respondents and in such premises respondents be restrained to alienate, transfer or create any third party interest in respect of the property during pendency of the suit. It was valued regarding jurisdiction for the purpose of declaration on Rs.62,19,632/-and for the purpose of perpetual injunction on Rs.1,000/-while the court fees of Rs.800/-for declaration and Rs.300/- for perpetual injunction are paid..