AMI CHAND Vs. RAJ PAL

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for quashing of the impugned order dated 23.9.2008, Annexure P1, passed by learned Additional Civil Judge, Senior Division, Rewari, vide which application under Order VII Rule 11 of the Code of Civil Procedure (hereinafter to be referred as 'the Code') has been allowed directing the Petitioner to affix ad valorem Court fee.

(2.) I have heard learned Counsel for the Petitioner 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 Petitioner-Plaintiff has filed a suit for decree of declaration declaring him as owner in respect of land measuring 52/15 marlas being 885/1140 share of 57 kanal, as mentioned in para No. 1 of the plaint and pattedar of the entire 57 kanal and that the Plaintiff is in possession of the disputed land except Killa No. 18/2, 23/2, and that sale deed document No. 211, dated 28.5.2004 and Tarak Patta document No. 212 dated 23.8.2004 and pattanama document No. 791 dated 5.9.2005 and the mutations on that basis in favour of the Defendants are null and void, illegal and without any jurisdiction and that Plaintiff is not bound by the same and that on that basis the Defendants have got no right, title or interest regarding the disputed land and that these sale deeds and tarak patta namas are result of fraud and misrepresentation alongwith consequential relief of permanent injunction restraining the Defendants from interfering into the peaceful possession of the disputed land except killa Nos. 18/2 and 23/2 with further relief of possession of Killa Nos. 18/2 and 23/2 by removing construction in favour of the Plaintiff against the Defendants. Further relief of possession on the entire land is sought on the plea that if his possession is not proved over the remaining disputed land or the Defendants succeed in dispossessing the Plaintiff from the suit land forcibly, the decree for possession in favour of Plaintiff and against the Defendants regarding the entire land be passed.