BHUPESH KUMAR SHARMA Vs. MANOHAR KUMARI

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 27-5-2005, passed by the learned trial Court, whereby the plaintiffs were directed to pay ad valorem Court fee on the sale consideration of the sale deeds.

(2.) The present suit for declaration was filed to the effect that the sale deeds dated 21-4-1995, 19-2-1996, 7-12-2001 and 7-8-2001 are illegal, null and void and not binding on the rights of the plaintiffs. The plaintiffs have sought such declaration on the ground that the said sale deeds are in excess to the shares of the defendants, without any title and, therefore, will not bind the plaintiffs. The declaration was sought on the ground that in old litigation amongst the parties, the first appeal was decided by the Hon'ble High Court of Rajasthan. Before the said litigation, properties between the said parties were joint, including the land in dispute, situated in the State of Haryana. The proceeding before the High Court of Rajasthan was decided vide compromise deed dated 21-1-1961. By virtue of said compromise deed, there was total partition of all the properties situated in the State of Haryana. In a subsequent proceeding, it was held by the learned Additional District Judge, Gurgaon at Narnaul, vide judgment dated 18-6-1970 in CA No. 256 and 257 of 1969, that defendant No. 1 has sold the land in excess of his share. It is asserted that in view of the said Judgment, defendant No. 1 had no concern with the land falling in Chah Meetha Wala and, therefore, the sale deed executed by said defendant is not legal and valid.

(3.) The learned trial Court, on an application filed by the defendants, found that the main relief sought by the plaintiffs is a suit for declaration and for cancellation of the registered sale deeds executed for a valuable consideration and, therefore, ad valorem court-fee is required to be affixed.