ISHWAR Vs. OM PATI

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court on 7.11.2003 whereby the plaintiff was directed to pay ad valorem court fees on the sale consideration mentioned in the sale deeds.

(2.) The plaintiff has filed a suit for declaration to the effect that sale deeds dated 16.6.2003 executed by defendant No.3 in favour of defendant No.1 and 2 regarding alienation of specific Khasra number are null and void and not binding upon the rights of the plaintiff and that the defendants be restrained from taking possession over any specific portion of the joint land. In the said suit, the defendants moved an application that since the challenge is to the sale deeds, the plaintiff is required to affix ad valorem court fees.

(3.) Learned counsel for the petitioner has vehemently argued that the petitioner is not a party to the sale deeds executed by defendant No.3 but the challenge to the sale deeds is only limited to the extent that defendant No.3 could not sell specific Khasra number since he is a co-sharer along with the plaintiff. The plaintiff is in possession of the suit land as a cosharer and, therefore, the defendants be restrained from dispossessing the plaintiff.