KRISHNA DEVI Vs. JASWANT SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 23.7.2004, whereby the plaintiffs were directed to pay ad valorem Court fee in respect of the sale consideration of the sale-deed i.e. Rs. 75,000/-.

(2.) THE plaintiffs have filed a suit for declaration challenging the order passed by the learned Registrar, Hoshiarpur as well as the sale-deed dated 30.5.1994 and also claimed a decree for permanent injunction restraining the defendant from interfering in the possession of the plaintiff and for getting the sale registered.

(3.) LEARNED counsel for the petitioners has vehemently argued that the plaintiff has not sought consequential relief for possession in a suit for declaration and, therefore, the judgment of the Full Bench of this Court in Niranjan Kaur v. Nirbigan Kaur, 1982 Punjab Law Reporter 127 would not be applicable. It is contended that only when possession is claimed as a consequential relief, the ad valorem Court-fee is required to be paid as contemplated under Article 1 Schedule I of the Court Fees Act. Since, the plaintiff is in possession, therefore, no ad valorem Court-fee is required to be affixed.