AMAR SINGH Vs. JAGJIT SINGH AND OTHERS

JUDGEMENT

(1.) This revision-petition is directed against the order Civil Revision No. 1513 of 2004 dated 22.01.2004, rendered by the Court of Civil Judge (Junior Division), Dasuya, vide which it accepted the application under Sec. 151 of the Civil Procedure Code, filed by the defendants (now respondents) and directed the plaintiff (now revision petitioner), to affix the requisite advalorem Court fee, on the sale consideration of the sale deed. The plaintiff (now revision petitioner) claimed that he was the owner of the property, in dispute. It was stated that he had not sold the suit land, vide sale deed dated 20.07.1996, set up by the defendants. It was further stated that the said sale deed was a forged and fabricated document, created by the defendants, at his back, by producing some impostor, in his place. It was further stated that he was entitled to possession of the land, in dispute, on the strength of his title. The plaintiff, thus, affixed the Court fee assessing the same on the land revenue.

(2.) An application, under Sec. 151 Civil Revision No. 1513 of 2004 of the Code of Civil Procedure was filed by the defendants (now respondents) that the plaintiff had sought possession of the land, in dispute, by challenging the genuineness and validity of the sale deed dated 20.07.1996, which was executed in their favour by him(plaintiff) for a sale consideration of Rs. 1,10,000.00. It was further stated that the substance of the relief, which was sought by the plaintiff, was the cancellation of sale deed dated 20.07.1996 and, as such, he was required to pay the advalerum Court fee, on the sale consideration of the sale deed, and not on the basis of the land revenue, to which the land in dispute was assessed. That application was accepted by the Court below, vide its order dated 22.01.2004.

(3.) Feeling aggrieved, the instant revision petition, has been filed by the revision-petitioner.