JASWINDER SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) This order of mine shall dispose of five Civil Revision Nos. 6612 of 2011, 6613 of 2011, 6614 of 2011, 6615 of 2011 and 6616 of 2011 filed against the order dated 3.10.2011 as all the petitions involve the same question of law. The order dated 03.10.2011 passed by the Additional Civil Judge (Senior Division), Guhla on an application filed under Order 7 Rule 11 directing the petitioners to pay ad-valorem Court fee, is under challenge in these petitions.

(2.) Facts in brief as picked up from Civil Revision No. 6612 of 2011 are that plaintiffs have claimed joint possession in the suit property on the ground that the same is the joint Hindu family coparcenary property wherein the plaintiffs have share by birth. The sale deed dated 11.6.2011 executed by defendant No. 2 in favour of defendant No. 1 being illegal, null and void and do not affect their rights in the property. The trial Court ordered the plaintiffs to pay ad-valorem court fee on the value of the suit property.

(3.) Heard. [4] Admittedly, the plaintiffs have claimed in the suit that they are coparceners and the suit property is joint Hindu family coparcenary property and they are entitled to joint possession over it by virtue of their birth in the family. It is also not in dispute that the petitioners are not the executants of the sale deed and they want the sale deed to be ignored on the ground that the same is without legal necessity and benefit of the estate.