RAVINDER Vs. VIJAY SINGH & OTHERS

JUDGEMENT

(1.) Plaintiff Ravinder has filed this revision petition under Article 227 of the Constitution of India impugning order dated 06.05.2011 Annexure P-3 passed by learned Additional Civil Judge (Senior Division), Narnaul there by directing the plaintiff-petitioner to pay ad valorem Court fee on sale consideration of the four sale deeds under challenge in the suit.

(2.) Plaintiff's case is that he is co-sharer in the total land in question and defendants No.1 to 5 who were also co-sharers in the joint land have, however, sold their share by four sale deeds in question to defendants No.6 to 9 by mentioning specific khasra numbers out of the joint land in the sale deeds. The plaintiff has alleged that the sale deeds by co-sharer out of joint land would also be sale of share in the joint land even if specific khasra numbers are mentioned in the sale deed and, therefore, the entire suit land continues to be joint land and plaintiff is co-sharer in possession thereof.

(3.) Defendants moved application under Order 7 Rule 11 of the Code of Civil Procedure (CPC) alleging that the plaintiff is liable to pay ad valorem Court fee on consideration of the sale deeds which are under challenge in the suit, failing which the plaint is liable to rejection.