KAUSHALYA DEVI Vs. NIRMAL BHARDWAJ

JUDGEMENT

(1.) The instant revision petition has been filed for setting aside the order dtd. 31/1/2017 (Annexure P1) passed by the Civil Judge (Senior Division), Kurukshetra, whereby the petitioner/plaintiff was directed to pay ad-valorem court fee in a suit for declaration and consequential relief of permanent injunction which had been instituted by her against the respondents/defendants.

(2.) Learned counsel for the petitioner submits that the trial Court erred in directing the petitioner to affix ad-valorem Court fee with the plaint as the same would have been payable only when cancellation of a registered deed along with possession of the property was prayed for. Learned counsel while drawing the attention of this court to the prayer clause of the plaint submits that the relief claimed by the petitioner is declaratory in nature, therefore, the relief was rightly valued and appropriate court fee was ordered to be affixed. He further submits that ad-valorem court fee is to be paid on the consideration amount mentioned in a deed. However, no consideration amount is involved in a gift deed. Thus, ad-valorem court fee would not be payable.

(3.) Per contra, learned counsel for the respondents, while vehemently opposing the submissions made by the counsel opposite, submits that as the relief prayed for in the plaint is for declaration along with consequential relief of permanent injunction, the petitioner was bound to pay ad-valorem court fee as per the market value of the property in view of the proviso to Sec. 7(iv)(c) of the Court Fee Act as applicable to the States of Punjab and Haryana. He submits that the question of sale consideration in case of a gift deed would be of no relevance as only market value of the property has to be considered for assessing ad-valorem court fee. Learned counsel still further submits that since the petitioner is also seeking to set aside a Sale Deed No. ........, therefore she would be bound to pay ad-valorem court fee on the consideration amount as stated in the sale deed.