SURJIT SINGH Vs. KARAMJIT KAUR

JUDGEMENT

(1.) The petitioner through instant petition under Article 227 of the Constitution of India has challenged the order dated April 28, 2011. The trial Court has directed the plaintiff- petitioner to fix ad valorem Court fee in terms of Section 7 (4) (c) of the Court Fee Act as quantified in Section 7 (5) of the Court Fee Act, i.e. for fixing required fee on value of transfer deed.

(2.) Briefly stated the case of the plaintiff- petitioner as per his plaint is that his son Gurprem Singh, the husband of defendant- respondent has died leaving two minor daughters. The petitioner is an old infirm person whereas the respondent-defendant by using her influence got registered Will regarding his property executed in favour of minor daughters of his deceased son. The petitioner had gone to tehsil complex on February 23, 2011for execution of registered Will in favour of minor daughters but by using undue influence and fraud, a transfer deed of 320/2824 share of 144 kanals 4 marlas of land in dispute was got executed in her favour besides a Will dated February 23, 2011. The Registered Will was cancelled on March 4, 2011 besides a complaint having been filed before the police. The respondent had filed an application for a direction to the petitioner to pay advalorem Court fee according to the market price of the suit property.

(3.) Vide impugned order dated April 28, 2011, the trial Court has directed the petitioner to pay advalorem Court fee according to the market price of the suit property.