Citation : 2022 Latest Caselaw 15825 P&H
Judgement Date : 5 December, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
132
CR-1756 of 2021 (O&M)
Date of decision: 05.12.2022
Shyam Lal @ Shyam Sunder ..Petitioner
Versus
Sonia and another ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Namit Khurana, Advocate, for the petitioner.
Mr. Sumit Gupta, Advocate, for the respondent.
ANIL KSHETARPAL, J(Oral)
Undoubtedly, the petitioner being the executant of the sale deed is
required to pay the ad valorem court fee on the amount of the sale deed,
particularly when he himself has filed a suit for declaration with a
consequential relief of permanent injunction that the sale deed is a result of
fraud.
The trial court has ordered the plaintiff to pay the ad valorem
court fee on the amount of the sale consideration.
Challenging the correctness of the aforesaid order, this revision
petition has been filed.
The aforesaid issue has no longer res integra in view of the
judgment passed by a Full Bench of this Court in Niranjan Kaur vs Nirbigan
Kaur, AIR, 1981 P&H 368 and Suhrid Singh alias Sardool Singh vs. Randhir
Singh and others, (2010) 12 SCC 112.
Hence, no ground to interfere is made out. Dismissed.
All the pending miscellaneous applications, if any, are also
disposed of.
December 05, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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