KANAI LAL DUTTA Vs. BABU DAS BAIRAGYA

JUDGEMENT

(1.) In this CO 2920 of 2011 the order impugned dated 26th August, 2011 passed by the Ld. 2nd Civil Court (Jr. Div.) at Krishnanagar in Title Suit No. 94 of 2009 is assailed. The short facts of the case are as follows:-

(2.) Therefore in all respects the Ld. 2nd Civil Court (Jr. Div.), Krishnanagar is competent to try the said suit. By the order impugned dated 21st June, 2011 the Ld. Trial Court was pleased to consider the rival pleadings and submissions of the parties as indicated above. The Ld. Trial Court observed that the present OP/Plaintiff has never admitted to execution of the purported Deed of Gift. The Plaintiff has applied for declaration and injunction and, therefore the Plaintiff is at liberty to pay court fees as per his own assessment. Since the Plaintiff claims to be already in possession of the suit property there is no requirement to seek further declaratory relief.

(3.) The Ld. Trial Court also noticed the argument of the Defendant to the effect that the Plaintiff has actually sought a relief of cancellation of the Deed of Gift. The relief of declaring the Deed of Gift as void ab initio will only arise if the said Deed of Gift is cancelled. Till such cancellation is adjudicated by the competent court the Plaintiff is required to pay ad volarem court fees on the valuation of Rs. 1 lakh.