RAJDEEP SINGH Vs. SONIA RANI AND OTHERS

JUDGEMENT

(1.) Defendant - petitioner has invoked revisional jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 12.01.2010 passed by the learned Civil Judge (Junior Division), Barnala, whereby application moved by the defendant for issuing direction to the plaintiff to fix the advalorem court fee on the relief of possession was declined.

(2.) The brief facts of the present case are that the plaintiff - respondent herein filed a civil suit being suit No.1224 of 07.12.2004 in the Trial Court for seeking relief of possession of a residential building situated in Gobind Colony, Barnala, and also challenging the Will dated 30.12.1996 purporting to have been executed by Naranjan Kaur in favour of defendant no.1, and further challenging the sale deed dated 15.06.2001 in respect of residential building in favour of defendant no.2 by defendant no.1.

(3.) In a suit filed by the plaintiff, defendant has moved an application saying since plaintiff is not in possession and is claiming possession, hence, plaintiff has to pay advalorem court fee for the relief of possession. Application for the defendant was rejected by the impugned order by observing that since plaintiff was not party to the Will and sale deed in question, hence, he is not supposed to pay advalorem court fee.