MOHINDER SINGH Vs. MAMTA SONI AND ANOTHER

JUDGEMENT

(1.) The plaintiff/petitioner herein instituted a suit for declaration qua sale deed of 9.2.2010 executed by defendant No.2 on the basis of his holding his General Power of Attorney comprising therein the share of the plaintiff borne in the joint land in favour of defendant No. 1 being inoperative qua his share therein, it being violative of the terms and conditions of the GPA. A studied perusal of the plaint unfolds the factum of the plaintiff though not denying his signatures borne on GPA of 5.2.2010 wherein he constituted the defendant No.2 as his general power of attorney, nonetheless he claims of the recitals recorded therein whereby authority stood conferred by him upon defendant No. 1 to alienate his share in the joint land by executing a deed of conveyance and to receive sale consideration stood incorporated therein by deception besides beyond the volition of the plaintiff besides beyond the instructions imparted to defendant No. 2 to merely record recitals therein permitting him to only pursue appeals/revisions before the Divisional Commissioner, Kangra at Dharamshala.

(2.) The learned trial Court after hearing the contesting parties on the aforesaid objections raised by its office directed the plaintiff to in accordance with Section 7(4)(c) read with Section 7(V) of the Court fees Act affix ad valorem court fees on the amount of sale consideration amount reflected in sale deed of 9.2.2010. The order rendered by the learned trial Court stands assailed before this Court by the plaintiff petitioner herein.

(3.) The learned counsel appearing for the plaintiff petitioner herein alludes to the nature of the relief claimed in the plaint inasmuch as of his seeking a declaratory relief of the apposite sale deed executed qua the suit land by defendant No.2 in favour of defendant No.1 for reasons afore-stated being illegal, null and void, ineffective having no binding force on his right, title and interest in the joint land.