RAMZAN RATHER Vs. KHALIQ BHAT

JUDGEMENT

(1.) At this stage, this Court is called upon to decide Issue No. 10 which reads as under:-

(2.) The plaintiffs have filed a suit for declaration to the effect that the documents executed by late Gani Rather, father of plaintiffs 1 to 3 and husband of plaintiff No. 4 on 15-6-1966 and 17-12-1967 are null and void in the eye of law and for further declaration that the plaintiffs and defendants 2 and 3 are the owners of the suit land covered by survey Nos. 3545/2172 and for possession of the said land. Para 12 of the plaint reads as follows:

(3.) Mr. K. N. Bhat, learned counsel for contesting defendant No. 1, has submitted that the court-fee has not been correctly paid on the plaint by the plaintiffs and that the plaintiffs have not declared the value for the purpose of jurisdiction in para 12. It is submitted that it was not open to the plaintiffs to put forth separate valuation for the reliefs of declaration and possession because both the reliefs are inter-dependent and not independent of each other. Argues Mr. Bhat, that the suit of the plaintiffs is governed by Section 7 (iv) (c) of the Court-fees Act and, therefore, the plaintiffs must pay ad valorem court-fee on the consolidated amount of the reliefs sought.