JAGDISH SAHU Vs. SONU

JUDGEMENT

(1.) This writ petition under Art. 226 & 227 of the Constitution of India is directed against the order dated 12-08- 2014 passed by Additional District & Sessions Judge No. 1, Alwar, whereby the applications filed by the defendant No. 1 & 3 under Order 7, Rule 11 of Code of Civil Procedure read with Sec. 11 of The Rajasthan Court-Fees and Suits Valuation Act, 1961. (hereinafter referred to as "the Act") have been allowed and the plaintiff/petitioners were directed to pay court-fees on market value of the property under Sec. 24 (a) and 35 (1) of the Act, the value as mentioned in the plaint.

(2.) The material facts necessary for disposal of this petition are that the plaintiff/petitioners filed a suit for partition of suit property by metes and bounds and separate possession, for declaration of sale deed executed by defendant No. 1 in favour of defendant No. 3 on 02-09-2013 regarding part of the disputed property to be ineffective, void and not binding as against the plaintiffs and for permanent injunction. The suit was, inter-alia filed contending therein that the plaintiffs and defendant No. 1 & 2 are of same family and are successors of Late Sampatram and the defendant No. 3 Ajay Kumar is a third person. It was also contended that one property of Sampatram, which is a residential house situated in Village Malakhera is undivided property of joint family, in which the plaintiffs and defendant No. 1 & 2 are having equal rights. The said property is in joint possession and occupation of the plaintiffs. It was further, contended that on 02- 09-2013, the defendant No. 1 has unauthorisedly executed a sale deed of part of the property in favour of the defendant No. 3, which is shown in yellow colour in the site plan annexed with the plaint. Since the property was undivided property of joint family and was in joint possession of the plaintiffs of the suit, therefore, a fixed court fees of Rs. 200.00 for the relief of partition has been paid and separate court fees has been paid for the relief of declaration and permanent injunction to be valued at Rs. 400.00 each.

(3.) Thereafter, defendant No. 2 filed a written statement admitting the contents of the plaint and prayed to decree the suit. The defendant/respondent Nos. 1 & 3 filed separate written statements denying the material averments of the plaint and prayed to dismiss the suit of the plaintiffs.