JASVEER KAUR Vs. KIRANPREET KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India, by the petitioner-defendant No.2 against the order of the Trial Court whereby her prayer for rejection of the plaint on account of not affixing the ad-valorem Court fees on the transfer deed dtd. 20/3/2010, has not been accepted.

(2.) The reasoning given by the Trial Court is that the plaintiff was not party to the transfer deed under challenge and not being the executant and had only sought the relief of declaration. The plaintiff was also seeking her share in the joint possession which was adverse to the interest of other co-sharers. Resultantly, while placing reliance upon the judgments of the Apex Court in Suhrid Singh @ Sardool Singh Vs. Randhir Singh 2010 (12) SCC 112 and Smt. Santra Devi and others Vs. Hari Singh and others 2015 (2) RCR (Civil) 281, the application was dismissed.

(3.) Counsel for the petitioner has vehemently submitted that apart from joint possession, exclusive possession had been prayed for.