HEENA MATHON Vs. MOHINDER SINGH & OTHERS

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by Additional Civil Judge (Senior Division), Kapurthala directing the plaintiff to pay ad valorem court fee. Learned counsel for the petitioner has submitted that order is unsustainable. Plaintiff never sought relief of possession. Thus, ad valorem court fee is not payable. He has relied upon judgment reported as Surhid Singh @ Sardool Singh vs. Randhir Singh & others, : AIR 2010 SC 2807.

(2.) PLEA has been opposed by counsel representing respondents. He has submitted that plaintiff has cleverly worded the suit. If prayer clause is seen, she is seeking declaration to the effect that she is owner in possession of the land to the extent of 1/6th share. She has also challenged sale -deed dated 31.12.2007. Thus, payment of ad valorem court fee cannot be exempted.