DHARAMPAL Vs. GULABO

JUDGEMENT

(1.) The appellant-plaintiff (hereinafter referred to as 'the plaintiff') has come up in regular second appeal against the judgment dated 8.8.2012 passed by the Civil Judge (Junior Division), Faridabad, whereby the suit of the plaintiff was rejected under Order 7 Rule 11 CPC for not paying the required ad valorem court fees and judgment dated 3.10.2013 passed by the District Judge, Faridabad, whereby the appeal against the order of the trial Court was dismissed.

(2.) The plaintiff is the owner in possession of a plot measuring 60 Sq. yards as detailed in para 1 of the plaint, vide sale deed bearing no. 1676 dated 18.6.2001. On 15.2.2007, plaintiff sold the said property to the respondent-defendant (hereinafter referred to as 'the defendant') for a sale consideration of Rs.90,000/- through his GPA Madan Singh vide sale deed no. 13449 dated 13.2.2007. Possession of the suit property was also handed over to the defendant. On 31.5.2007 defendant got a criminal case registered against Madan Singh on the ground that there was no plot existing at the spot which was allegedly sold to her on 19.2.2007. Madan Singh was arrested by the police and the amount of Rs.90,000/- was recovered from him. The grievance of the plaintiff is that he never received Rs.90,000/- and therefore the title of the suit property could not be said to have been transferred in favour of the defendant and the sale deed no. 13449 dated 13.2.2007 is required to be declared as null and void

(3.) The defendant appeared and filed her written statement taking the plea that the plaintiff in collusion with Madan Singh, who is his alleged GPA, had cheated him. The actual sale consideration was Rs.2,10,000/- which was shown in the sale deed as Rs.90,000/- only. The defendant sought rejection of the plaint due to deficient court fee. Vide interim order dated 9.4.2010 passed by the trial Court, it was pointed out that the suit was for cancellation of the sale deed date 13.2.2007 but the requisite ad-valorem court fees was not affixed. Vide order dated 24.7.2012, the plaintiff was directed to deposit the ad-valorem court fees on the total sale consideration of the impugned sale deed. The plaintiff was granted 15 days time to deposit the court fees and the case was posted for 8.8.2012. On 8.8.2012, due to non-payment of the Court fees, the plaint was rejected under Order 7 Rule 11 CPC.