C.R No. 5766 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R No. 5766 of 2009 Decided On : 07.10.2009 Jagtar Singh ...Petitioner versus Sat Narain and anr. ...Respondent CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Sanjay Vashisth, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) The challenge in the present petition is to the order passed by the learned trial Court on 22.08.2009, whereby an application filed by the defendant was allowed and the petitioner was directed to pay ad valorem Court fee as per the Collector's rate of the suit land on the date the suit was filed. The plaintiff-petitioner has sought specific performance of the Agreement dated 29.07.1999 calling upon the defendant to sell land measuring 14 kanals 8 marlas. It is pleaded by the plaintiff that he was in cultivating possession on 1/3rd batai in land measuring 28 kanals 16 marlas. Subsequently the defendant agreed to transfer the ownership of the land measuring 14 kanals C.R No. 5766 of 2009 -2- 8 marlas by executing a sale deed in his favour. The said settlement was arrived at on 29.07.1999. In terms of the said settlement arrived at, the petitioner has withdrawn his appeal pending in the Court of Collector at Bhiwani, arising out of eviction proceedings under Section 14-A (ii) of the Punjab Security of Land Tenures Act, 1953. A reading of the plaint shows that the plaintiff has sought decree of specific performance of agreement to sell in respect of half of the land in lieu of surrender of his tenancy rights. The said suit would attract ad valorem Court fee. Therefore, the order passed by the learned trial Court cannot be said to be illegal or perverse which may warrant interference in the revisional jurisdiction of this Court. Dismissed. OCTOBER 07, 2009 (HEMANT GUPTA) shalini JUDGE