ZORA SINGH Vs. KEHAR SINGH

JUDGEMENT

(1.) This order would dispose of Civil Revisions Nos. 1597 and 1598 of 1980 as admittedly identical question of law and fact have been raised in these.

(2.) The short but meaningful question that needs to be considered is as to whether the suit framed by the plaintiff-respondents is covered by the provisions of Section 7(iv)(c) or (d) of the Court-fees Act or by Article 1 of Schedule I of the same. The following facts give rise to it.

(3.) The plaintiff-respondents filed the present suit for permanent injunction restraining the defendant-petitioners from taking forcible possession or in any way interfering in the enjoyment of the suit land as detailed in the head note of the plaint; as according to them the gift-deeds executed in favour of the defendants pertaining to a part of the land were illegal, void, arbitrary, without consideration and not binding on the plaintiffs. The various grounds on which these gift-deeds are challenged are stated in detail in paragraph 6 of the plaint. In their written statements the defendants besides taking other preliminary objections asserted that the plaintiffs have not valued their suit correctly for purposes of payment of Court-fee. According to them, the suit as framed is for cancellation of the gift-deeds executed in favour of the defendants and thus their suit is not covered by the provisions of Section 7(iv)(c) or (d) but is rather covered by Article I of Schedule I of the Act. The substance of the above noted question was put in a preliminary issue and as a result of trial of the same, the lower Court had held that the suit is covered by Section 7(iv)(d) of the Act and the Court-fee worth Rs. 13.50 has correctly been paid. It is this order of the trial Court which is now impugned.