NACHHATAR SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner through his LRs against the order dtd. 1/8/2016 passed by Civil Judge (Junior Division), Jagraon, whereby the application under Order 7 Rule 11 CPC filed by the defendant was allowed and the plaintiff was directed to affix the ad valorem Court fee and to make good the deficiency in Court fee.

(2.) Plaintiff filed a suit for declaration to the effect that he is owner in possession of the suit property. Transfer deed dtd. 31/5/2011 was claimed to be sham transaction and was not binding upon the right and title of the plaintiff. Permanent injunction was also sought, restraining the defendant from dispossessing the plaintiff.

(3.) Defendant filed an application under Order 7 Rule 11 CPC on the ground that since the plaintiff has challenged the transfer deed, therefore, he was required to pay ad valorem Court fee on the value of the deed for the relief of cancellation of the deed. Plaintiff claimed that since possession was with the plaintiff, therefore, ad valorem Court fee was not required to pay. Plaintiff is the executant of transfer deed and the same was claimed to be the result of fraud and misrepresentation.