RAM SINGH Vs. LABH SINGH

JUDGEMENT

(1.) The plaintiffs are the petitioners before this Court. They filed a suit for declaration seeking relief of permanent injunction. It was pleaded by the plaintiffs that they had become the owners of the suit land by virtue of various sale deeds executed by Swaran Singh. It was further claimed by the plaintiffs that, however, the factum of sale had not been entered in the revenue record and, as such, the aforesaid Swaran Singh continued to be entered as the owner of the suit property. Taking advantage of the said fact. Swaran Singh had sold the suit land to the defendants vide sale deed executed subsequently. On account of the aforesaid sale deeds, the defendants were trying to forcibly dispossess the plaintiffs from the suit land. Accordingly, the plaintiffs claimed that they were owners in possession of the suit land and sought an injunction against the defendants restraining them from dispossessing the plaintiffs from the suit land in any manner.

(2.) The suit was contested by the defendants. Various pleas were raised. The defendants also filed an application under Order 7. Rule 11 of the Code of Civil Procedure claiming that since the plaintiff had not paid ad valorem court-fee on the market value of the land in question therefore, the plaint filed by the plaintiffs was liable to be rejected.

(3.) The learned trial Court, on the basis of the aforesaid application, vide order dated March 9, 2005 has directed the plaintiffs to affix ad valorem court-fee. The aforesaid order has been impugned by the plaintiffs through the present petition.