AMAR KAUR Vs. KHUSHAL SINGH

JUDGEMENT

(1.) THE epitome of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, petitioners -plaintiffs No.1 to 3 Smt. Amar Kaur wife of late Amar Singh & others and proforma respondent -plaintiff No.4 Jasbir Kaur w/o Ravinder Singh (for brevity "the plaintiffs") have instituted the civil suit (Annexure P1), for a decree of declaration to the effect that they are owners and in possession of land bearing Khasra No.265 (1 Kanal 10 Marlas) and residential house constructed over it, situated in village Saketri, District Panchkula and for a decree of mandatory injunction, directing Ram Nath (defendant No.5) to deliver the possession of the house, constructed on the area measuring 6 1/2 marlas to them (plaintiffs), with a consequential relief of permanent injunction, restraining respondents -defendants Khushal Singh son of Inder Singh and others (for short "the defendants"), from interfering in their peaceful possession over the suit property.

(2.) DURING the pendency of the suit, defendants No.3 and 4 appeared and moved the application (Annexure P2) for rejection of plaint on account of non -payment of ad valorem court fee, under Order 7 Rule 11 CPC. The plaintiffs refuted the prayer of defendants, filed the reply (Annexure P3), stoutly denied all the allegations contained in the application and prayed for its dismissal.

(3.) AGGRIEVED thereby, the petitioners -plaintiffs have preferred the present petition, invoking the superintendence jurisdiction of this Court under Article 227 of the Constitution of India.