HARMAIL SINGH Vs. GURMAIL SINGH

JUDGEMENT

(1.) AN application under Order 7 Rule 11 CPC, filed by the defendant-respondent for paying ad-valorem court fee over the suit for declaration and permanent injunction has been accepted and the plaintiff was ordered to pay ad-valorem court fee.

(2.) TO decide the question of court fee, it would be essential to reproduce the claim set up by the plaintiff in his suit.

(3.) THE plaintiff claimed the suit property to be joint Hindu family property on the ground that the plaintiff, defendants No. 1, 2 and 5 and their parents had purchased the suit land by an unregistered sale deed from defendants No. 3 and 4 and they were delivered possession at the time of sale. Thereafter a family settlement took place between the plaintiffs and the defendants No. 1, 2 and 5, wherein, the defendants No. 1, 2 and 5 settled the house measuring 29'x 72' upon the plaintiff out of the suit land measuring 1 kanal 9 marlas. The said family settlement was reduced into writing on 1.8.1990. Thus, the plaintiff claim their ownership over the suit property on the basis of the acquisition by way of family settlement, out of the total joint property. Consequently, he has also challenged the sale deed dated 24.5.2004, qua the suit house and stated that the defendants No. 3 and 4 had no right to execute the said sale deed in favour of the defendants No. 1, 2 and 5.