C.R. No. 5686 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5686 of 2008 Date of Decision: 21.07.2010 Dushyant Singh .... Petitioner Versus Sunil Kumar and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Mr. Y.P. Khullar, Advocate for the petitioner Mr. J.S. Hooda, Advocate for the respondents 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) The present petition is filed challenging order dated 7.11.2007 passed by Civil Judge (Jr. Divn.) Palwal thereby directing the plaintiff (petitioner herein) to pay ad valorem court fee on the sale consideration of the sale deed in question. The brief facts of the case are that plaintiff filed suit for declaration and permanent injunction challenging the sale deed dated 29.12.2005 on the ground that plaintiff has never executed the sale deed dated 29.12.2005. In C.R. No. 22 of 2009 titled as Dara Singh vs. Gurbachan Singh and others a reference was made by learned Single Judge to the Division Bench of this Court on the question as to whether in a suit for declaration declaring the sale C.R. No. 5686 of 2008 2 deed void ad valorem court fee is required to be paid on the sale consideration shown in the sale deed under challenge. Division Bench of this Court of which I was one of the member vide judgment dated 3.5.2010 has replied the reference after placing reliance on the judgment of the Apex Court in the matter of Suhrid Singh @ Sardool Singh vs. Randhir Singh and others, C.A. No. 2811-13 of 2010. It is now settled principle of law that if plaintiff in the suit was not the executant of the sale deed court fee is computable under Section 7(iv)(c) of the Act. Trial Court shall not ask the plaintiff to pay court fee on the sale consideration saying suit for declaration declaring the sale deed void is in fact suit for cancellation of sale deed. However, if plaintiff is the executant and challenging the deed on the ground deed is outcome of fraud, misrepresentation or coercion then of course ad valorem court fee is required to be paid on the sale consideration or market value of the land as the case may be. Impugned orders are quashed. The trial Court is directed to decide the question of valuation and payment of court fee afresh in the light of observation made herein above. Copy of the order dated 3.5.2010 passed in C.R. No. 22 of 2009 shall be part of this judgment. (ALOK SINGH) 21.07.2010 JUDGE reena