Jagmel Singh and Others vs Waryam Singh and Others

L.N. Mittal, J.—By filing this revision petition under Article 227 of the Constitution of India, plaintiffs have assailed order dated 14.02.2011 passed by the trial Court thereby allowing application filed by defendant No. 95 under Order 7 Rule 11 of the CPC for rejection of plaint due to non-payment of proper court fee. Plaintiffs in the suit have sought declaration challenging various inheritance mutations and consequent sale deeds and have also sought possession of 1/4 the share of the suit land measuring 79 kanals 4. Learned trial Court vide impugned order dated 14.02.2011 held that the suit property has now come within limits of Municipal Corporation and is, therefore, urban property and plaintiffs are liable to pay ad valorem court fee on market value of their alleged share in the suit land.

I have heard counsel for the parties and perused the case file.

Counsel for the petitioners contended that in view of Section 7(v) of the Court Fees Act, 1870 (in short, the ''Act''), the plaintiffs are liable to pay court fee on ten times the land revenue of the suit land being agricultural land. On the other hand, counsel for contesting respondent No. 95 contended that the suit land is no longer agricultural land and is urban property and therefore, plaintiffs have been rightly directed to pay ad valorem court fee on market value of their alleged share in the suit property.

I have carefully considered the matter. The aforesaid disputed question of fact raised by counsel for the parties can be adjudicated by the trial court after giving opportunity of leading evidence to both the parties. The said question could not be decided summarily merely on the assertion of defendant No. 95 that the suit property is urban property. However, it may be mentioned that since plaintiffs are not party to the sale deeds under challenge, they are not liable to pay ad valorem court fee on sale consideration mentioned in the said sale deeds. On the contrary, in view of Section 7(v) of the Act, the plaintiffs have to pay ad valorem court fee on market value of their alleged share in the suit property and such market value for purpose of Court fee is to be determined in accordance with Section 7(v) of the Act.

Accordingly, the instant revision petition is allowed. Impugned order dated 14.02.2011 passed by the trial Court is set aside and the matter is remanded to the trial Court for fresh decision in accordance with law while deciding the suit itself after giving opportunity of leading evidence to the parties. The trial Court shall also frame necessary issue regarding valuation of the suit for purpose of Court fee.

Dispose of accordingly. Pending civil miscellaneous application, if any, is disposed of as infructuous.