KULWANT KAUR Vs. JOGINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside/quashing of order dated 13.10.2010 passed by learned Civil Judge, Junior Division, Jalandhar, Annexure P5, vide which Petitioners have been directed to affix the ad valorem Court fee.

(2.) I have heard learned Counsel for the Petitioners and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Facts relevant for the decision of present revision petition are that a suit for declaration to the effect that Plaintiffs, Defendant No. 1 Joginder Kaur, Defendant No. 2 Sarabjit Singh and Defendant No. 3 Kulbir Singh are joint owners of the land in dispute, fully described in the heading of the plaint, on the basis of a registered Will dated 26.3.1992 executed by Hazara Singh s/o Ishar Singh in favour of his daughter-in-law Joginder Kaur-Defendant No. 1 and grand sons, Pargat Singh, Sarabjit Singh Defendant No. 2 and Kulbir Singh-Defendant No. 3 and for declaration to the effect that inheritance of the land on the basis of natural succession by the Defendants and Pargat Singh (deceased), represented by his wife and children, i.e., Plaintiffs, and the mutation bearing Nos. 2031, 2032, 2033 and 2034 sanctioned in their favour on the basis of said inheritance, are null and void and illegal and further relief sought is for cancellation of the said natural succession and the mutation and further declaration to the effect that the sale deed executed and registered on 4.1.2008 by Defendant No. 6-Mohinder Kaur through her attorney Defendant No. 1-Joginder Kaur in favour of Defendant No. 2 Sarabjit Singh and Defendant No. 3 Kulbir Singh for the land measuring 31K-7M and sale deed executed and registered on 7.1.2008 vide document No. 9605/1 executed by Defendant No. 6-Mohinder Kaur through her attorney Defendant No. 1 Joginder Kaur through her attorney Defendant No. 8 Kulwaran Singh in favour of Defendant No. 7 Satnam Kaur for the land measuring 4k-3M, the land mentioned in both these sale deeds, comprised in Khasra Nos. 14//3, 4, 5/1, 5/3, 15//1, 108, 2/19, 23/1, 22/4, 7//23/2, 24, 25/1, 25/2, 14//15/2, 15/1, 15//11/1, 6717/1, 2//25, 5//1/2, 2/2, 9/3, 10, 12/1, 6//6, 7/1, 15/16//15/2, 6//4, 5, 14//6, 7, 18//10, 5//11/1, 14//26, 14//27, 7//25/3, situated in village Nangal Fateh Khan, Tehsil and District Jalandhar, are null and void, and for cancellation of the said two sale-deeds and for permanent injunction restraining Defendants No. 2, 3, 6 and 7 from getting the mutation sanctioned on the basis of said sale deeds or for cancellation of the mutation and for joint possession of the land that came to the Plaintiff and Ors. on the basis of aforesaid Will dated 26.3.1992, was filed by present Petitioners-Plaintiffs.