LAWS(P&H)-2007-1-18

SATWINDER KAUR Vs. SURJEET SINGH

Decided On January 08, 2007
SATWINDER KAUR Appellant
V/S
SURJEET SINGH Respondents

JUDGEMENT

(1.) The respondent-plaintiff filed a suit for declaration wherein the following relief was claimed :-

(2.) On notice having been served, the petitioner herein moved an application for directing the plaintiff to pay ad valorem court-fee on the ground that the plaintiff had sought cancellation of sale deed dated 27-9-2005 relating the suit land valuing at Rs. 34,50.000/-. It was alleged that the plaintiff had undervalued the suit for the purposes of court-fee and jurisdiction so as to save himself from paying the requisite court-fee.

(3.) The learned trial Court came to the conclusion that as the plaintiff-respondent has not sought the possession as consequential relief, therefore, ad valorem court-fee was not payable and, accordingly, dismissed the said application.