Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where a person is challenging sale deed and is not a executant of sale deed and is not seeking possession, then he is not required to pay ad valorem Court fee ...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fee - Suit for declaration, joint possession and permanent injunction - Plaintiffs on the one hand have claimed that they are in possession of suit properties and have sought injunction also - However, on the other hand they have prayed that if they are not found to be in possession, a decree of joint possession be..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for declaration that gift deed is null and void - Relief claimed is for adjudging the gift deed as null, void as well as forged and fabricated - It is thus, not a simplicter suit for declaration of rights and it clearly falls u/s 7(iv-A) of the Act - Court fee would be payable as per S.7(iv-A) of the Act...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
