MANJIT SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India, challenging the order dated 05.04.2017, whereby the plaintiff-petitioner has been directed to pay ad valorem court fee.

(2.) In brief, the facts relevant to the present lis are that the plaintiff-petitioner filed a suit for possession as also for declaration to the effect that the agreement to sell dated 27.03.2012 executed by the plaintiff- petitioner in favour of the defendant-respondent No.1 had become infructuous and had also become un-executable and that the earnest money paid by the defendant-respondents to the plaintiff-petitioner stood forfeited. In the suit, a further prayer of consequential relief of permanent injunction for restraining the defendant-respondents from giving possession of the suit property to any third persons was also sought.

(3.) The case set up by the plaintiff-petitioner, in the plaint, was that the plaintiff-petitioner had entered into an agreement to sell with defendant-respondent No.1 on 27.03.2012. As per terms of the agreement, the total sale consideration was '99 Lacs per eight kanals with measurement of 5 feet Karam and out of which, the plaintiff-petitioner admitted having received '55 Lacs as earnest money at the time of execution of the agreement. The sale deed was to be executed on or before 02.01.2013, after payment of the remaining amount. The plaintiff-petitioner claimed that though sale deeds were executed qua portion of the land, possession of the entire property was delivered to the defendant-respondents. On the basis of the averments made in the plaint, the plaintiff-petitioner prayed for possession regarding land measuring 10 kanals 1.1 marlas out of the property measuring 29 kanals 2.2 marlas; Part (a) land measuring 26 kanals 17 marlas; Part (b) 1 kanal 6 marlas out of land measuring 3 kanals 8 marlas; and Part (c) 18.12 marlas out of land measuring 1 kanal 12 marlas, situated at Village Majitha, Tehsil and District Amritsar, as per jamabandi for the year 2011-12, as also for declaration to the effect that agreement dated 27.03.2012 executed by the plaintiff-petitioner had become infructuous and un-executable and that the earnest money paid by the defendant-respondents to the plaintiff-petitioner stood forfeited.