IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 43 of 2010 Date of Decision: 29.09.2010 Kulwinder Kaur .... Petitioner Versus Ram Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Bhag Singh, Advocate for the petitioner Mr. Arvinder Arora, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 23.11.2009 passed by Addl. Civil Judge (Sr. Divn.) Ambala whereby the plaintiff was directed to pay ad valorem court fees on the market value of the property involved in the gift deed. Learned counsel for the respondents stated that property subject matter of gift deed is self acquired property of the defendants and ratio of the judgment of Hon'ble Apex Court in the case of Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, reported in 2010(2) RCR (Civil) 564 is not applicable in the present case, in view of the fact that Supreme Court was called upon to decide the question of Court fees pursuant to the family/co- parcenary property. Learned counsel for the respondents further stated that plaintiff is admittedly not party in the gift deed, hence, he is liable to pay ad valorem Court fees on the market value of the property involved in the gift deed. Learned counsel for the C.R. No. 43 of 2010 2 respondents further stated that since suit is for the cancellation of the gift deed, hence, order passed by the trial Court is perfectly correct and legal and does not require any interference. Both the learned counsel for the parties appearing before me stated that property in dispute is the agricultural land and land revenue is assessed thereon. In the opinion of this Court, since suit is for cancellation of the gift deed, hence, Court fees payable on the market value of the property involved in the gift deed shall be as per the calculation given under Section 7(v)(c) of the Court Fees Act. Petitioner shall pay Court fees after calculating the market value of the property in accordance with Section 7(v)(c) of the Act. (ALOK SINGH) 29.09.2010 JUDGE reena