PRAMOD KUMAR Vs. SAYYED RAJIYA SULTANA & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition, seeking direction to the respondent No.1 Plaintiff to deposit ad-valorem court fees on a valuation of suit property Rs.6,90,030/- for which civil suit No.2A/2017, and Civil Appeal No.2/2018, have been decided by Civil Judge Class I, Rajpur and 3rd ADJ Badwani respectively . The petitioner is also seeking relief to the effect that lower appellate court be directed to pass a necessary order for recovery of a court fees / certificate to the Collector Badwani under Section 12 of the court fees Act, 1870 for recovery of the amount of court fee.

(2.) Facts of the case are as under :-

(3.) The respondent No.1 being a plaintiff instituted a suit for declaration of title, possession and mesne profit in respect of property measuring 45 x 15 sq ft situated at Darwaza ward No.1 Badwani (i.e.suit property). According to the plaintiff, he has purchased the suit property from its erstwhile owner viz. defendant No.2 and his brother Daya in Rs.7500/- vide sale deed dated 09.04.1985. Thereafter, he filed a civil suit No.7A/85, against them. Vide judgment dated 23.09.1991, the suit was decided in his favour and the defendants therein were restrained to interfere into his peaceful possession. Thereafter an appeal 18A/92, was preferred, which was dismissed vide judgment dated 14.02.1994 with a liberty that they may obtain a possession from the plaintiff by following a due process of law. According to the plaintiff, he has removed the construction and the land is open land now and he has become owner of the suit property by way of a registered sale deed.