RAMJI DAS Vs. DHARAM PAL

JUDGEMENT

(1.) IN both the petitions, identical question is involved, hence with the consent of learned counsel for the parties, both the petitions are being heard and disposed of by this common order. For the sake of brevity, with the consent of learned counsel for the parties, CR No.4289 of 2010 is being taken as a leading case. Plaintiff has invoked the supervisory jurisdiction of this Court challenging the order dated 28.5.2010 passed by Civil Judge (Junior Division), Samana, whereby the plaintiff was directed to pay ad valorem court fee.

(2.) PLAINTIFF/petitioner has filed a suit for declaration, declaring sale deed void on the ground that sale deed is outcome of fraud and misrepresentation. It has further been contended in the plaint that plaintiff was taken in the Registrar's office to get a 'Will deed' executed and by playing fraud instead of 'Will deed', sale deed was got executed from the plaintiff.

(3.) THIS Court in Civil Revision No.5235 of 2010 titled Chand Kaur Vs. Jagsir Singh and another decided on 8.11.2010, has held as under: - In the opinion of this Court, if any alienation is outcome of fraud, misrepresentation or coercion, then alienation shall be voidable and in that event, plaintiff has to seek annulment / cancellation of the deed. However, if deed is ipso facto void, abinitio, then suit simplicitor for declaration shall be maintainable.