C.R. No. 3406 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3406 of 2009 Date of Decision: August 6, 2009 Mela Ram …..Petitioner Vs. Narinder Kaur and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. D.D. Bansal, Advocate for the respondents. -.- M.M.S. BEDI, J. (ORAL) Plaintiff- petitioner has challenged the order dated February 6, 2009 allowing the application of defendant- respondents and directing the plaintiff- petitioner to fix ad-valorem Court fee on the plaint. The plaintiff has filed a suit for declaration that sale deed dated February 20, 2007 got C.R. No. 3406 of 2009 [2] executed from him by the defendant- respondent No.1 in her favour is null and void. In this context reference to the averments in the plaint is necessary which has been attached with the petition as annexure P-1. The plaintiff has not claimed possession of the property and has rather sought a permanent injunction restraining the defendant- respondent from interfering his possession over the house in dispute. Counsel for the petitioner has contended that when the plaintiff does not seek consequential relief for possession of a property, ad-valorem Court fee would not be payable. In support of his contention he relied upon Krishna Devi and another Vs. Jaswant Singh, 2006 (4) RCR (Civil) 563. Similar is the ratio of the judgment in Teja Singh Vs. Smt. Amar Kaur and others, 2008 (1) CCC 531. Counsel for the respondents has relied upon Niranjan Kaur Vs. Nirbigan Kaur, 1982 PLR 127. The said judgment of Full Bench has been considered in Krishna Devi’s case (supra) and Teja Singh’s case (supra) holding that when a consequential relief of possession in a suit for declaration challenging a registered document is not sought for, the judgment of Full Bench in Niranjan Kaur’s case (supra) would not be applicable. In view of the above circumstances, the revision petition is allowed and the impugned order dated February 6, 2009 is hereby set aside. August 6, 2009 (M.M.S.BEDI) sanjay JUDGE C.R. No. 3406 of 2009 [3]