GURJEEWAN SINGH Vs. JAGAR SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of the trial Court dated 22-8-89 whereby the plaintiff was directed to pay ad valorem Court fee on the sale consideration of Rs. 63,000/ -.

(2.) THE plaintiff filed the suit for declaration challenging the alienations made by his father Bhagat Singh vide sale deeds dated 9-12-1980 and 10-12-1980 alleging them to be illegal, void and without consideration and hence ineffective qua the rights of the plaintiff As a consequence thereof, the plaintiff also claimed possession of the suit land.

(3.) ONE of the preliminary issues framed was whether the suit is properly valued for the purposes of Court fee and jurisdiction. The trial Court found that it is the substance of the plaint which should be seen and not the mere form and in this case the plaintiff is seeking substantial relief of declaring null and void the sale deeds dated 9 12-1980 and 1012-1980 which were for the consideration of Rs. 63,000/- and as such the plaintiff is required to affix ad valorem Court fee on this amount before challenging the two sale deeds in question.