BALJIT SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 28.3.2001 whereby plaintiffs were called upon to affix the ad valorem Court fee in respect of two sale deeds executed on 13.8.1996 as it was found that such Court fee is payable thereon in terms of Article 1 Schedule 1 of the Court Fees Act, 1870 (hereinafter referred to as the Act).

(2.) THE plaintiff-petitioners filed a suit for declaration to the effect that the plaintiffs are owners in possession of the suit land on the basis of adverse possession. During the pendency of the said suit, two sale deeds were executed on 13.8.1996. The petitioners impleaded the vendees on the basis of such sale deeds as defendants, but the defendants moved an application for directing the plaintiffs to affix Court fee which has been allowed by the learned trial Court.

(3.) IN view of the above, the present revision petition is allowed. The order passed by the learned trial Court calling upon the plaintiffs to affix the ad valorem Court fee is found to be not sustainable in law. The said order suffers from patent illegality and irregularity and, therefore, the is set aside.