1 S.B.CIVIL WRIT PETITION NO.10494/2007. Teeku Ram & Ors. VS Distt. & Sess.Judge, Jaipur Distt, Jaipur & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.10494/2007. Teeku Ram and Others. VERSUS Distt. & Sessions Judge, Jaipur Distt, Jaipur & Others. 19.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.K.N.Sharma ] Mr.T.S.Choudhary ] for the petitioners. Mr.Kamlesh Pareek ] Ms.Sunita Vashishtha ] for the respondents. ***** Heard learned counsel for the parties. While issuing notices, this court on 20.12.2007 had taken note of two earlier judgments of this court in the case of Shantilal Agarwal Vs. Rama Bai (RLW 1975 595) and Lal Singh & Others Vs. Tej Singh & Another (1971 WLN 674) wherein this court has held that where the prayer and the relief claimed in the suit was for declaration that the document in question was ineffective as against the plaintiff to the extent of his share, the plaintiff was required to pay the court fee in accordance with Section 24 Clause (e) of the Rajasthan Court Fees and Suits Valuation Act, 1961. I have perused the prayed made by the plaintiff which has been reproduced at pages 3 and 4 of the writ petition. The prayer (क) reads as follows:- 2 S.B.CIVIL WRIT PETITION NO.10494/2007. Teeku Ram & Ors. VS Distt. & Sess.Judge, Jaipur Distt, Jaipur & Ors. "(क) यह घोषणा कȧ जावे Ǒक ूितवादȣ संÉ या 1 और 2 Ʈारा ूितवादȣ संÉ या 3 के प¢ मɅ Ǒकये गये ǒवबय पऽ Ǒदनांक 4.8.2006 व 13.10.2006 आरà भ से हȣ शूÛ य, अǒविधमाÛ य और अूभावी होने से वादȣगण वादमः त कृǒष भूिम मɅ अपने 2/3 भाग तक इनसे पाबÛ ध नहȣ हɇ और इस सीमा तक यह वादȣगण के ǒवǾƨ पूण[त: िनं ूभावी हɇ ।" A perusal of the above goes to show that the plaintiff in the instant case has only asked for the declaration that the sale-deed may be declared ineffective and void to the extent of 2/3rd share of the plaintiff. In that view of the matter, the impugned order passed by the learned trial court, in the light of the above judgments of this court which have been taken note of by this court in the order dated 20.12.2007, is set aside. The writ petition stands allowed, as aforesaid. (DALIP SINGH),J. Solanki DS, Jr.P.A.