JASWANT SINGH Vs. HARVINDER SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 03.02.2010, whereby learned Additional Civil Judge (Senior Division), Kapurthala, directed the plaintiff to pay court fee on the sale consideration. Perusal of the file would reveal that plaintiff has challenged the sale deed dated 23.01.2008. Neither plaintiff nor predecessor-in-interest of the plaintiff is party as an executant in the sale deed in question.

(2.) Learned counsel for respondent no.25 states that in view of the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, reported in 2010(2) R.C.R. (Civil) 564, plaintiff is not supposed to pay ad valorem court fee on the sale consideration for challenging the sale deed. He further states that however, plaintiff shall pay court fee on the relief of possession on the market value of the property.

(3.) Since learned Trial Court has not directed the plaintiff to pay court fee on the relief of possession, I deem it proper to quash the order dated 03.02.2010 with direction to the learned Trial Court to decide the question of payment of court fee once again in the light of the judgment of the Apex Court in the matter of Suhrid Singh (supra). Parties shall appear before the Trial Court on 08.10.2010. Ordered accordingly.