SUHRID SINGH @ SARDOOL SINGH versus RANDHIR SINGH & ORS.

SUHRID SINGH @ SARDOOL SINGH versus RANDHIR SINGH & ORS.

Plaintiff, not an executant of the sale deeds, sought only a declaration that the deeds were not binding on the co-parcenary and for joint possession; hence, the suit was not for cancellation of sale deeds, and court fee was computable under section 7(iv)(c) of the Court Fees Act, 1870, not on the sale consideration.

Parties
Appellant: Suhrid Singh @ Sardool Singh; Respondent: Randhir Singh; Respondent: Others
Jurisdiction
India
Judgment Date
29 March 2010
Procedural Posture
Civil Appeal / Supreme Court (appeal From High Court Orders)
Outcome
Appeals allowed.
Legal Topics
Declaratory Decrees, Consequential Relief, Computation of Court Fee, Suit for Declaration Versus Cancellation
Court Fees Declaratory Decrees Consequential Relief Computation of Court Fee Suit for Declaration Versus Cancellation

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Parties

Suhrid Singh @ Sardool Singh

Appellant

Randhir Singh

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal From High Court Orders)

Legal Issues

  1. 1 What is the court fee payable for a suit seeking declaration that sale deeds are void and not binding on co-parcenary and consequential relief of joint possession and injunction?

Ratio Decidendi

Plaintiff, not an executant of the sale deeds, sought only a declaration that the deeds were not binding on the co-parcenary and for joint possession; hence, the suit was not for cancellation of sale deeds, and court fee was computable under section 7(iv)(c) of the Court Fees Act, 1870, not on the sale consideration.

Court Disposition

Appeals allowed.

Orders

  • Orders of trial court and High Court requiring payment of court fee on sale consideration set aside.
  • Trial court directed to calculate court fee in accordance with section 7(iv)(c) read with section 7(v) of the Court Fees Act, 1870.