PAWAN KUMAR Vs. BANWARI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 4.5.2007. The respondent had filed suit for declaration and joint possession in which he challenged various sale deeds dated 24.9.1986, 25.6.93 and 2.3.94 and a decree dated 1.2.95. The petitioner who was the defendant in the suit filed an application under Order 7 Rule 11 CPC praying for rejection of the plaint on the ground that proper court fee has not been affixed as the value of the property was more than Rs. 50 lacs and prayed that since ad valorem Court fee has not been paid keeping in view the prayer in the suit, the plaint be rejected. The respondent who was the plaintiff in the suit contended that the challenge to the sale deed may he treated to the extent of 1/7th of the share as he has not confined himself to any specific khasra Nos. and was merely a co-sharer by virtue of sale of 1/7th share in his favour.

(2.) THE trial Court accepted this plea and rejected the application of the petitioner. Learned counsel for the petitioner while assailing the aforesaid order relied upon a Full Bench judgment of this Court titled as Niranjan Kaur v. Nirbigan Kaur, 1982 PLR 127 wherein this Court held as follows :-

(3.) I have heard the learned counsel for the parties.