AI Structured Summary
Not yet generated for this judgment
Judgment
Heard.
The present petition is against the order dated 25.06.2016 whereby learned Court below has directed the petitioners to pay the ad valorem Court fee
according to the value of the property on the ground that the possession has been claimed.
Learned counsel for the petitioners would submit that the petitioners, who are the plaintiffs claimed the annulment of the sale deed and they were
not the party to the sale deed, as such order under challenge whereby the petitioners/plaintiffs have been directed to pay the ad valorem Court fee on
the value of suit land, is illegal.
Perusal of the plaint would show that the suit was filed for declaration, permanent injunction and possession and also for cancellation of the sale
deed in respect of the suit land. The prayer clause shows that the possession has been claimed for, therefore, it would be governed under Section 7 (v)
of the Court Fees Act, 1870 which takes within its sweep that in suits for the possession of land, houses and gardens etc. the suit is to be valued
according to the value of the subject-matter. Apparently, it appears that the possession has been claimed in the suit, therefore, order directing the
plaintiffs to pay the ad valorem Court fee cannot be held to be illegal or without any jurisdiction.
Consequently, the petition has no merits. It is accordingly dismissed at the motion stage itself.