REHMAN MIR Vs. REHMAN MIR

JUDGEMENT

(1.) THIS is a revision petition against the order of the Munsiff Badgam dated 28 -12 -63 where by the learned Munsiff has asked the petitioner to make good the deficiency in the court fee paid by the plaintiff upon the consideration fixed in the sale deed.

(2.) THE facts that have given rise to this revision petition are that the petitioner brought a suit with the following prayer against the defendants respondents in the court of the Munsiff Badgam. The plaintiff prayed that a decree be passed for cancellation of the sale deed to the effect that the sale deed dated 22 -5 -62 registered on 26 -5 -62 by defendant No. 1 in favour of defendant No. 2 for six marlas of land and trees standing thereon in survey No. 495 khewat No. 35 situate in village Watalpura Bandapura is void and ineffective against the plaintiff. He fixed the value of the suit for court fee and jurisdiction at Rs. 10. The sale deed mentioned a consideration of Rs. 2000. On an objection by the defendants about the inadequacy of the court fee, the Munsiff held that the suit should be valued for court fee and jurisdiction at Rs. 2000, the consideration mentioned in the sale deed. Against this order the present revision has been preferred by the plaintiff.

(3.) I have beared the learned counsel for the parties. According to the learned counsel for the petitioner, the valuation fixed by the plaintiff for court fee and jurisdiction has been properly fixed. According to him this is a suit which falls under S. 7 (iv) (c) of the Court fees Act, i. e., a suit for declaration with consequential relief and as such the plaintiff can fix his own valuation upon the plaint. The learned counsel for the respondent agrees that this suit falls under the said part of the section, but according to him the valuation for court fee should be consideration mentioned in the sale deed.