Bombay High Court
Smt. Jaya Arjun Mhatre And Ors. vs Shri. Mahendra Popatlal Shah Thr. Poa. ... on 17 September, 2025
2025:BHC-AS:38953
Neeta Sawant 30-CRA-420-2018.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 420 OF 2018
Jaya Arjun Mhatre and others .....Applicants
: Versus :
Mahendra Popatlal Shah and others ....Respondents
Mr. Mayank Tripathi i/b Ms. Preeti Walimbe, for the Applicant.
CORAM : SANDEEP V. MARNE, J.
DATED : 17 SEPTEMBER 2025.
P.C :
1) The Revision Application challenges order dated 7 March 2018
passed by the 6th Joint Civil Judge Junior Division, Kalyan rejecting
Applicant's application at Exhibits-27 and 47 seeking rejection of plaint under
the provisions of Order VII Rule 11 of the Civil Procedure Code, 1908.
2) I have heard Mr. Tripathi, the learned counsel appearing for the
Revision Applicant who submits that in prayer clause (b) of the plaint,
Plaintiffs have sought a declaration that the Development Agreement dated
17 May 2017 executed between Defendant Nos.1 to 9 and Defendant Nos.10
to 14 is not binding on the Plaintiffs. He would therefore submit that the suit
is filed for avoidance of the Development Agreement dated 17 May 2017 and
that therefore the suit needs to be valued under the provisions of Section 6(iv)
(ha) of the Maharashtra Court Fees Act, 1959 (Court Fees Act). In support,
he would rely upon judgments of this Court in Abdulsattar Gulabbhai Bagwan
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Neeta Sawant 30-CRA-420-2018.docx
Versus. Vaibhav Laxmangiri Gosawi and others 1 and Sanjay Ramchandra
Shendkar and others Versus. Narayan Antu Zendge and others 2.
3) I have considered the submissions canvassed by Mr. Tripathi.
The Suit is filed by the Plaintiff essentially seeking a declaration that he is the
owner of the suit property alongwith Defendant Nos.15 to 18. It appears that
since the Development Agreement dated 17 May 2017 is executed by the
Defendant Nos.1 to 9 (who claim title in the suit property) in favour of the
Defendant Nos.10 to 14, prayer clause (b) is incorporated in the suit as
under :-
b. Declare that the Development Agreement dated 17/05/2017
registered in the office of Sub-Registrar of Assurances, Kalyan-5 at
serial no. 5305 made and entered between the Defendant nos. 1 to 9
and Defendant nos. 10 to 14 is not binding on the Plaintiff and the
Defendant nos. 15 to 18.
4) Section 6(iv)(ha) of the Court Fees Act provides thus :-
(ha) for avoidance of sale, contract for sale, etc.- In suits for
declaration that any sale, or contract for sale or termination of
contract for sale, of any movable or immovable property is void one-
half of ad valorem fee leviable on the value of the property;
5) Thus, Section 6(iv)(ha) of the Court Fees Act is attracted only
when the suit is filed for a declaration that in a sale or a contract for sale or
for termination of contract of sale relating to movable or immovable property
is void. In the present case, there is no Sale Deed in respect of the suit
property. What is sought to be challenged is the Development Agreement and
not conveyance or Sale-Deed. Both the judgments Abdulsattar Gulabbhai
Bagwan (supra) and Sanjay Ramchandra Shendkar (supra) deal with avoidance
of transaction of sale. Section 6(iv)(ha) of the Court Fees Act does not cover
1 2012(2) Mh.L.J. 285
2 2022(4) Mh.L.J. 130
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Neeta Sawant 30-CRA-420-2018.docx
the situation where avoidance of Development Agreement is sought in a Suit.
For the purposes of Section 6(iv)(ha) of the Court Fees Act, sale/conveyance
cannot be equated with Development Agreement. In my view, therefore the
Trial Court has rightly rejected Applicant's application for rejection of plaint.
There is no reason to interfere in the impugned order. The Civil Revision
Application is accordingly rejected.
[SANDEEP V. MARNE, J.]
NEETA
SHAILESH
SAWANT
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Wednesday, 17 September 2025
