Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deed is null and void and has no binding effect upon rights of plaintiff - It does not amount to cancellation of sale deed - Moreover plaintiff not party to sale deed - Plaintiffs cannot be directed to pay ad valorem Court fee...........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration that sale deed in question is null and void - Plaintiffs admitting that suit is barred by limitation having been filed after 26 years after the transaction - Moreover, there is clear and unequivocal fact that suit is also barred as regards the youngest..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years from the date of its execution...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenge to - In case of no, executant, not in possession of suit property, prays for consequential relief of possession as well as suit for declaration, ad valorem Court fee has to be paid u/s 7(iv)(c) of Act - But in case of no, executant of sale deed, in possession of suit property seeks declaration that sale deed..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) - - Suit for declaration that sale deed is null and void - When non executant seeks declaration then is required to pay fixed court fee - If executant of sale deeds seeks cancellation of sale deed then he is required to pay ad valorem court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of plaintiff seeking similar relief is..........
