Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Sale of joint family property - Plaintiff not signatory of sale deeds - As every member of joint family property has community of interest and unity of possession in land held by such joint family, plaintiff thus cannot be taken to be out of possession - Relief of joint possession..........
Court Fees Act, 1870, Section 7 -- Court Fee - Suit for permanent injunction - Restraining defendant from transferring Hot Mix Plant and other machinery - Prayer made is only for simple permanent injunction - It does not contain any prayer for passing decree for specific performance of contract or for accounting - Maximum Court fee of Rs.500 leviable on a suit for..........
Court Fees Act, 1870, Section 7(v) -- Court Fee - Suit for declaration, injunction & possession - Once additional and independent relief of possession is claimed then court fee has to be paid with respect to suit claiming relief of possession as per S.7(v) of Act by valuing the property as per the market value on the date of filing of suit - Court rightly directed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation on ground that it was executed as a result of fraud - Held, when possession is not disturbed and one of the members of family duped and defrauded the petitioner and only relief sought is declaration then ad valorem Court fee is not payable...........
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...........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court fee - Petitioner claims to be co-sharer in the property on the basis of natural succession - Seeks declaration that mutation of inheritance of deceased is null and void - Subsequent sale deeds are based on illegal and wrongful mutation - Petitioner is not an executant of sale deeds, nor the relief of possession..........
Court Fees Act, 1870, Section 7(iv)(c) -- Challenge to sale deed - Plaintiff claims to have stepped into the shoes of vendor and therefore becomes executant of impugned sale deed - Held, plaintiff is liable to pay ad valorem court fee on sale consideration of the impugned sale deed...........
