BIKRAMJIT SINGH Vs. SURJIT SINGH AND ANR

JUDGEMENT

(1.) Civil Suit No.101 dated 12.4.2012 was filed by the respondent No.1 before the trial Court, against the petitioner and respondent No.2, for declaration to the effect that he is owner in joint possession of the suit land, more fully described in the cause title of the plaint, and that the sale deed dated 5.9.2011 is result of fraud and misrepresentation played upon him, by the petitioner, in connivance with the witnesses and deed writer of the sale deed and, therefore, is liable to be set aside. Petitioner, herein, filed an application under Order VII Rule 11 of the Code of Civil Procedure, for rejection of the plaint, averring, therein, that since the respondent No.1, herein, has sought relief of cancellation of sale deed, that was executed by him in favour of the petitioner, on 5.9.2011, but he has not paid the advalorem court fee, as per the sale consideration mentioned in the sale deed and, therefore, due to non payment of court fee, as per sale consideration set out in the impugned sale deed, the plaint may be rejected.

(2.) This application, on the other hand, was opposed by the respondent No.1, herein, by filing written reply, thereto, averring, therein, that he continues to be in possession of the suit land and the sale deed dated 5.9.2011 is without consideration and, therefore, the proper court fee, as per the value of the suit, has been affixed, and the same was not required to be affixed, as per the sale consideration mentioned in the impugned sale deed. Consequently, prayer for dismissal of the application was made.

(3.) After hearing both the sides, the trial Court dismissed the application vide impugned order dated 4.12.2012 (Annexure P-4).