IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.No.3811 of 2009 Date of Decision : 6.8.2010 Kuldeep Singh and others ....Petitioners Versus Smt. Kussam and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.B.S.Bedi, Advocate for the petitioners. Mr.Rajesh Arora, Advocate for the respondents. ..... MAHESH GROVER, J. The petitioners are aggrieved by the order dated 5.3.2009 by which they were asked to deposit the ad valorem court fee. Learned counsel for the petitioners contends that no relief of possession has been sought and it is only a suit for declaration simpliciter that the sale deed in question is illegal, void and not binding upon their rights. They have not sought the relief of possession. He contends that his case is covered by the observations of the Full Bench in Niranjan Kaur v. Nirbigan Kaur, 1981 PLJ 423. On the other hand, learned counsel for the respondents states that the possession is with him which was delivered as a consequence of the sale deeds and therefore the plaint has been very C.R.No.3811 of 2009 -2- cleverly worded and even though ostensibly it is not a suit for possession, yet the intention of the petitioner is to seek possession of the property. After hearing the learned counsel for the parties, I am of the opinion that the parties are seriously at dispute regarding the factum of possession of the suit property which was the subject- matter of the sale deed. This fact is to be determined on the basis of evidence and therefore the case of the petitioners ought not to be thrown out on the ground that they have not affixed the ad valorem court fee. This plea can be contested only after the evidence has been adduced by the defendants/respondents and in the eventuality of coming to the conclusion that the possession vests with the defendants, the court is always at liberty to direct the petitioners to affix ad valorem court fee when it finally concludes that the suit intended the relief of possession also. Disposed of. 6.8.2010 (MAHESH GROVER) JUDGE dss