KAMLA AND ORS. Vs. SHRI RAM AND ORS.

JUDGEMENT

(1.) The petitioner -plaintiff is aggrieved of the order impugned whereby he has been called upon to pay ad valorem court fee on an application filed by the respondent -defendant (subsequent defendants). Mr. Rakesh Dhiman, learned counsel appearing on behalf of the petitioners submits that petitioners are not the party to the sale deed as the sale deed has been executed by the father during the pendency of the suit and therefore, as per the amended suit, relief sought is that sale deed cannot be binding upon them. In essence, it is the only declaration that has been sought and therefore, plaintiff cannot be called upon to pay ad valorem court fee i.e. on the basis of the sale deed.

(2.) Learned counsel appearing on behalf of respondent -defendant submits that relief sought in the suit tantamount to cancellation of sale deed and therefore, petitioners should pay the court fee on the market value of the land.

(3.) I have heard learned counsel for the parties and appraised the paper book.