BOSS COMPUTERS PRIVATE LIMITED Vs. SACHIT PASSI

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 16/9/2021, passed by the Civil Judge (Junior Division), Dera Bassi, vide which the plaintiff company is required to affix ad-valorem Court fee on sale consideration of Rs.22.00 crores, in order to impugn the legality or seek cancellation of the sale deed dtd. 31/7/2019.

(2.) Broadly pleaded facts are; that the petitioner company entered into an agreement dtd. 28/2/2019 to sell the agriculture land comprising in Khasra No. 1514/1017 (2 bigha 7 biswe min North), 1515/1018 (2 bigha 11 biswe), 1518/1021 (3 bigha 9 biswe) and 1022 (4 bigha 9 biswe), 1024/1 (1 bigha 16 biswe), 935/1, 935/2, 935/3 measuring (1 bigha and 7 biswe), total 15 bigha 19 biswe (approximately 4 acres) situated at Village Dayalpura, Sub Tehsil Derabassi, District SAS Nagar in favour of respondent No.3. The consideration; allegedly agreed for the said sale; was Rs.28.00 crores. The target date of execution of the sale deed was fixed to be 5/8/2019. As per the terms of the agreement to sell, the entire sale consideration was to be paid to the company through bank transactions and not by cash. The sale deed regarding the said land was executed on behalf of the petitioner on 31/7/2019. The amount of Rs.22.00 crores is stated to have been paid to the petitioner company in its account by bank transactions. Now the suit has been filed by the petitioner company seeking declaration that the agreement to sell dtd. 28/2/2019 and the sale deed dtd. 31/7/2019, purportedly executed by the plaintiff in favour of the respondent No.3 and further, the mortgage of the said land by respondent No.3; is null and void and the same needs to be cancelled. In alternate, it is also prayed that the respondents be directed to pay the deficient/unpaid amount of sale consideration. Still further, the injunctions have been sought in the plaint.

(3.) On receipt of the notice, respondent No.3 filed an application under Order 7 Rule 11 CPC; seeking rejection of the plaint on the ground of non-disclosure of cause of action, as well as, for non-payment of proper court fees. After considering the respective arguments of the parties, the trial Court has held that the suit/plaint discloses the cause of action. Therefore, the plaint as such, cannot be rejected. However, the trial Court has further ordered that ad- valorem Court fees is required to be paid on the plaint; because the petitioner, who is the executant of the sale deed, is seeking cancellation of the same. It is against that order, that the present petition has been preferred.