NANAK CHAND & ANOTHER Vs. NAND KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated October 13, 1988, whereby the plaintiffs were directed to pay Court-fee on the market value of the property, in dispute, which was assessed at Rs. 1,80,000/-.

(2.) The plaintiffs filed the suit for the declaration; for possession; for mesne profits and also for the grant of the mandatory injunction etc. as given in the heading of the plaint. One of the issues framed was: whether the suit is not properly valued for the purpose of Court-fee and jurisdiction. The trial Court relying upon the Full Bench judgment of this Court in Surjit Kumar v. Jai Paul, 1975 77 PunLR 308, came to the conclusion that the case was covered by Section 7(v) (b) of the Court-fees Act and not by Section 7 (v) (d) of the said Act. Consequently, the market price of the suit land was determined to be Rs. 1,80,000/- and the plaintiffs were directed to pay the advalorem Court-fee.

(3.) At the time of the motion hearing, it was contended that the claim of the plaintiffs petitioners in the suit was for the cancellation of the sale deed. Consideration shown in the sale deed was Rs. 2000/-. If at all ad valorem Court-fee is required to be paid, it is to be on the consideration mentioned in the sale deed, viz, Rs. 2000/- and not on the current market value of the suit land; particularly when the suit was filed as far back as in the year 1981.