JUDGMENT S.C. Jain, J.
(1) Shri Prem Nath Wadhawan, plaintiff herein, filed the Suit praying for a decree for declaration to be passed in favor of the plaintiff and against the defendant to the effect that the plaintiff is the absolute and sole owner of property No. B-5/204 Safdarjung Residential Scheme, New Delhi (also known as Safdarjung Enclave) by way of adverse possession,being in open, hostile and continuous possession and occupation of the same for more than 12 years.
(2) In brief the facts of the case as are apparent on the record are that plaintiff and defendant both are real brothers. A plot of land bearing No. B-5/204, Safdarjung Residential Schemc,New Delhi measuring 213 square metres was purchased in public auction on 27.6.1971 from the Delhi Development Authority and a residential house was constructed thereon. Since the very inception, the plaintiff Along with his family has been exclusively living in the said house for the last more than 12 years i.e. since November, 1975 in his own right. During all this period the plaintiff has been in sole and exclusive possession, occupation and enjoyment of the said property and the defendant was also well aware of the same and he had never asserted bids ownership right therein. The possession of the plaintiff in the said property is open, hostile and continuous possession and enjoyment of the said property bearing No. B-5/204, Safdarjung Enclave, New Delhi and the plaintiff has been openly giving out and declaring himself to be the sole and exclusive owner of the said property. Recently the defendant refused to admit the claim of the plaintiff and hence this suit for declaration has been filed.
(3) The defendant was served, who has filed the written statement in which he has admitted that the plaintiff has been in continuous possession of property No. B-5/204, Safdarjung Residential Scheme, New Delhi from the very inception. His possession is more than 12 years old and that he never interfered with his possession of the property.
(4) During the course of the arguments a point regarding the payment of court fee cropped up and I have heard arguments of the learned counsel for the parties on this point. Admittedly, this is a simple suit for declaration and no consequential relief follows from it as the plaintiff is in exclusive possession of the said property claiming himself to the owner of the same. The provisions of Section 7(4)(c) of the Court Fees Act are not attracted in this case. The plaintiff can value the suit of his choice and in this case a fixed court fee of Rs.20.00 has been paid valuing the suit for the purposes of jurisdiction at Rs 2,00,000.00 . A suit, where the relief prayed for is for declaration and a consequential relief, would fall under Section 7(4)(c) of the Court-fees Act, and the valuation for the purposes of court fees and for the purposes of jurisdiction would be the same under Section 8 of the Suits Valuation Act, 1887. The valuation for the purpose of court fee in a simple declaratory suit is governed by Schedule 2, Article 17, Clause (3) which prescribes a fixed court fee of Rs.l9.50. Under Section 8 of the Suits Valuation Act, where in suits other than those referred to in the Court-fees Act, 1870, Section 7, paras 5,6,and 9, and para 10 clause (d) court fees are payable at ad valorem under the Court-fees Act, 1870, the value as determinable for the computation of court-fees and the value for the purposes of jurisdiction shall be the same. It would,therefore, follow that in a declaratory suit in which no consequential relief is asked Section 8 of the Suits Valuation Act would have no application as the court fees are not paid ad valorem. It has been held by the learned Judges of the Bombay High Court in Shivsangappa Irsangappa vs Muchkhandeppa Irsangappa (A.I.R. 1932 Bombay 160) that in a simple declaratory suit it is the real value of the property and not the notional value that would determine the valuation for jurisdiction apart from the valuation for purposes of court fees.
(5) This case being a simple suit for declaration, a fixed Court fee of Rs.20/ has been correctly paid.
(6) Regarding merits, let the documents and affidavits be Filed within 6 weeks and matter be listed before the Deputy Registrar on 25.5.1993 for exhibiting the documents in view of the averments made in the affidavits and the case be listed for arguments before the Court on 4.8.1993.