Court Fees Act, 1870, Section 7 -- Court fee - Sale deed - For cancellation of sale deed ad valorem court-fee as per the valuation of the deed has to be paid - However, if plaintiff seeks a relief for declaration that sale deed is void ab initio and not binding upon him then a fixed declaratory court-fee has to be paid...........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s 7(iv)(c) - Provisions of..........
Civil Procedure Code, 1908, Section 16(b), 16(d), 20 -- Territorial jurisdiction - Suit for declaration for declaring oral Will and sale deed null & void and Decree of partition - Property situated in Pataudi (Haryana) - Suit filed in Delhi on the ground that owner of property made oral Will at Delhi - Courts at Delhi have no jurisdiction even if maturity of defendants are..........
Civil Procedure Code, 1908, Section 16, 20 -- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as null & void cannot entirely be..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale of Joint Hindu family property by karta - Suit for declaration that plaintiff coparcener in suit property and sale deed effected by karta is null & void and not binding on his rights - Court fee is payable u/s 7(iv)(c) of Act...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Schedule II Article 17(iii) - Alienation of specific khasra number - Simpliciter suit for declaration that sale deed is null and void and not binding upon the rights of the plaintiff - Court fee payable is to be in terms of Schedule II Article 17(iii) of the Act - However, in case some consequential relief is sought then..........
Specific Relief Act, 1963, Section 34, 38, Evidence Act, 1872, Section 3 -- Suit for declaration of title and injunction - Claim made on basis of sale deed in the year 1963 and continuous possession - Claim denied by Corporation on ground that vendor had lost his title consequent upon acquisition of land for converting it into civil amenity site and that sale deed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale by grand father - Suit for declaration that sale is illegal and void and was executed without consideration and legal necessity and is based on fraud etc. and the same is not binding on the plaintiff - By filing suit for declaration plaintiff was seeking cancellation of sale deed - Court fee payable is ad valorem on sale..........
Specific Relief Act, 1963, Section 31, 38 -- Sale deed - In respect of ancestral property - Suit by sons for declaration that sale deed is null and void - Nothing to show what was the age of son at the time when sale deed was executed so as to show whether sons had birth right to ancestral property - No documentary evidence produced regarding their age and date of birth -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Suit for declaration that sale deed is illegal and void - In fact plaintiff has claimed relief of cancellation of sale deed - Court should determine the nature of substantive relief prayed for - Ad valorem Court-fee is payable on the sale consideration - Claim of plaintiff is not governed by S.7(iv)(b) and (c) of the..........
