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Judgment
L.N. Mittal, J.—In this revision petition filed by plaintiff under Article 227 of the Constitution of India, challenge is to order dated 18.02.2008 passed by the trial Court thereby holding that the plaintiff should affix court fee as per Article (Section) 7(v) of the Court Fees Act, 1870 (in short the Act). The plaintiff has filed suit inter-alia seeking declaration that she is owner in possession of 1/18th share of the suit land. She has also challenged the alienations of part of the suit land made by Mohan Lal since deceased and also alienations by some subsequent alienees.
None has appeared for the parties. I have, therefore, perused the case file.
Section 7(v) of the Act is not attracted because the same applies to suits for possession of land, houses and gardens. In the instant case, the petitioner has not claimed the relief of possession of the land of her share and therefore, Section 7(v) of the Act is not attracted. Consequently, direction of the trial Court in the impugned order that plaintiff should affix court fee as per Section 7(v) of the Act, is illegal and suffers from jurisdictional error. Resultantly, the instant revision petition is allowed. Impugned order of the trial Court to the extent of directing the plaintiff to affix court fee as per Section 7(v) of the Act is set aside.