SUCHA SINGH Vs. GURJANT SINGH

JUDGEMENT

(1.) By this petition, the petitioners challenge the order of the learned Civil Judge (Jr. Divn.), Patiala, dated 05.12.2019, by which an application filed by the respondent (defendant in the suit) under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, has been allowed, with the petitioner directed to pay court fee ad valorem on the value of the suit properties, one of which was stated to be of a value of more than Rs.1 crore as per the petitioners-plaintiff himself, and the other for more than Rs.30 lacs.

(2.) The petitioners' suit is one seeking a decree of declaration to the effect that a registered exchange deed executed on 07.05.2018 between the parties, culminated into a mutation being entered, be declared to be illegal, null and void and the result of a fraud, with the petitioner also seeking possession of one of the suit properties, i.e. the one described as Kothi no.1, Walia Enclave, Opposite Punjabi University, Patiala. (The other house is stated to be already in possession of the petitioners-plaintiff, as submitted on query by learned counsel to this court).

(3.) The contention of the respondent-defendant therefore was that the suit one being seeking a declaration to the aforesaid effect, with a consequential relief of possession also sought at least qua one of the suit properties, court fee ad valorem was necessarily payable.