ISRAT JAHAN Vs. RAJIA BEGUM

JUDGEMENT

(1.) THIS writ petition is preferred under Article 227 of the constitution of India against the order dated 13. 8. 2008 passed by the court of district Judge Vidisha in Civil Suit No. 2a/08.

(2.) SHORT facts involved herein are that the plaintiffs / respondents No. 1 to 7 instituted a suit against defendant/petitioner and defendant/respondent No. 8 with the allegation that their predecessor namely, Sabdar Hussain (husband of plaintiff no. l and father of plaintiff Nos. 2 to 7) was owner of the suit property to the extent of one half. He was an old person with weak eye sight and weak mental faculty. A registered sale deed dated 24. 4. 2007 was got executed from him by the defendant / petitioner in respect of his share in the disputed land. Sale deed was for consideration of Rs. 5,64,400/-, out of which Rs. 2 lacs was shown to have been paid in advance. It was alleged that the consideration was not paid at all and the registered sale deed was got executed in collusion with the Sub Registrar. Accordingly, a declaration has been sought that the registered sale deed dated 24. 4. 2007 is illegal. and void. Possession and mesne profit are also prayed for.

(3.) DEFENDANT/petitioner submitted an application under order 7 Rule 11 CPC that the plaintiffs may be directed to pay ad valorem court fees on Rs. 5,64,400/-being valuation of the sale deed.