DHARMRAJ Vs. ANITA

JUDGEMENT

(1.) Heard.

(2.) The petitioner plaintiff has filed the present petition being aggrieved by order dated 11.07.2019, passed by the IInd Civil Judge, Class I, Ujjain by which he has been directed to value the suit as per the relief claimed in the suit and pay the remaining amount of the court fees.

(3.) The plaintiff filed a suit for specific performance of contract, declaration of sale deed as void permanent injunction and possession. According to the plaintiff, he entered into agreement to sale with defendant No.1 for sale and purchase of House at MIG 140, Indira Nagar, Ujjain in Rs.5.00 lakhs. He was handed over the possession in the year 2008 itself. The agreement was notarized by the notary on 23.1.2008. Thereafter, the defendant No.1 did not execute the sale deed in favour of the plaintiff, but sold the aforesaid property to defendant No.2 vide registered sale deed in 2015 in Rs.28.00 lakhs. After appearance in the suit defendants have raised an objection that the plaintiff has under valued the suit and has not paid the advalorem court fee, since he is seeking relief of declaration of the sale deed as void in which the market value of the property is Rs.28.00 lakhs therefore, he is required to value the suit as Rs.28.00 lakhs and liable to pay the advalorem court fees.