DHARAMBIR AND OTHERS Vs. SOHAN LAL OTHERS

JUDGEMENT

(1.) Impugned in the present revision is the order dated 3.8.2013 (Annexure P4) passed by learned Civil Judge, Senior Division, Gurgaon, vide which, in an application filed under Order 7 Rule 10 CPC by the defendant No.6, the plaintiffs have been ordered to pay ad valorem Court fee on the market value of the suit land as mentioned in the sale deed.

(2.) Brief facts necessary for the purpose of disposal of the present revision are that the plaintiffs-petitioners have filed a suit for declaration that the Will dated 26.8.1987 and the sale deeds bearing vasika Nos.15388, 17130 and 19595 dated 24.10.2007, 21.11.2007 and 12.12.2007 respectively along with consequential mutations are illegal and not binding on the rights of the plaintiffs and are liable to be cancelled and set aside and that the plaintiffs are co-owners in possession to the extent of ?th share equally in the suit land. Permanent injunction was also sought against the defendants.

(3.) Plaintiffs claim that the suit property was ancestral and co-parcenary property of Tej Ram. Tej Ram left behind four legal heirs i.e. Sohan Lal, Phool Singh, Hari Singh sons and Smt. Nangi daughter. Tej Ram executed a will dated 26.8.1987 on the basis of which, mutation of inheritance was sanctioned in favour of three sons of Tej Ram, on the basis of which, the sale deeds have been executed.