C.R. No. 4795 of 2010 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4795 of 2010 Date of Decision : 02.08.2010 Teja Singh .......... Petitioner Versus Jagtar Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. K.S.Sidhu, Sr. Advocate with Mr. G.S. Benipal, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the supervisory jurisdiction of this Court to challenge the order dated 21.5.2010, passed by the learned Addl. Civil Judge (Sr.Div.), Mansa, on an application moved by the defendant / respondents for rejection of the plaint of the petitioner for want of ad valorem court fee. The petitioner filed a suit for possession of land measuring 30K-8M situated at village Mansa Kalan, Tehsil and District Mansa i.e. 1/36th share being legal heir of Bhagwan Kaur widow of Kirpal Singh. The learned trial Court ordered the payment of ad valorem court fee, in view of the fact, that the petitioner had sought the declaration claiming the sale deeds, and had also claimed possession. There can be no dispute, that the petitioner was to pay C.R. No. 4795 of 2010 -2- ***** ad valorem court fee, as he had claimed possession of land measuring 30 Kanal. However, the ad valorem court fee payable will only be fixed for seeking possession of 30 Kanal of land, and not on the value of sale deed, for the reason, that the basic suit of the petitioner is to challenge the Will, whereas setting aside of the sale deeds is merely a consequential relief. In case Will is held to be forged then the sale deeds will be void having been executed by a person having no title. The order passed, therefore, does not suffer from any illegality. It is clarified, that though the order passed by the learned trial Court directing the petitioner to pay ad valorem court fee, is right but the Court fee payable will be for seeking possession of the land, and not on the amount of the sale deed. With the clarification, referred to above, this revision petition is dismissed. 02.08.2010 (VINOD K. SHARMA) 'sp' JUDGE