The Punjab and Haryana High Court enunciated that when a suit is filed for declaration that the Plaintiff is a joint owner in joint possession to the extent of her share in the property, the ad valorem Court fee is not required to be paid.
Brief Facts:
The Plaintiff-Respondent had filed a suit seeking a declaration of joint ownership and joint possession of the suit land based on natural succession. The suit was valued for relief of declaration and joint possession at Rs. 200/- and at Rs. 130/- for relief of permanent injunction and the Court fee of Rs. 100/- was paid.
The Petitioners filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 which was dismissed. Hence, the present case.
Contentions of the Petitioner:
It was submitted that ad valorem Court fees ought to have been affixed as the suit was filed for declaration of joint ownership and possession of the suit property with consequential relief of permanent injunction.
Observations of the Court:
The High Court enunciated that when a suit is filed for declaration that the Plaintiff is a joint owner in joint possession to the extent of her share in the property, the ad valorem Court fee is not required to be paid.
The decision of the Court:
Given the same, the High Court failed to find any merit in the petition and accordingly dismissed the same.
Case Title: Budh Singh and Another V. Charanjeet Kaur Harcharan Kaur and Others
Coram: Hon’ble Justice Anupinder Singh Grewal
Case No: CR- 1479-2023
Advocate for the Petitioner: Adv. Mr. Narinder Kumar Vadehra
Read Judgement @LatestLaws.com
Picture Source :
