Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
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 ...........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
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..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Specific Relief Act, 1963, Section 20, 22 -- Suit for specific performance of contract for sale - Challenge - Property subsequently sold to defendant no. 2 - As per sale agreement between plaintiff/appellant and defendant no alienation could be made till 3 years - Plaintiff filed suit without seeking possession from 2nd defendant on ground that since property was sold..........
