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1999 (7) TMI 697 - HC - Indian Laws

Issues:
1. Assessment of court fee in a suit for declaration of sale deed as void and illegal.
2. Interpretation of court fee provisions under the Court Fees Act, 1870.

Detailed Analysis:

Issue 1: The petitioners filed a suit seeking a declaration that a sale deed for certain land was illegal, void, and against their rights. The trial court assessed the court fee payable on the sale consideration of the deed, which the petitioners contested. The trial court held that ad-valorem court fee was payable, as the property's title had passed to the buyer under the deed. The petitioners challenged this decision in a civil revision, arguing that a fixed court fee was sufficient. The court referred to previous cases to determine that the nature of the relief sought in the suit should dictate the court fee valuation. The main relief sought was the cancellation of the sale deed, indicating the need for ad-valorem court fee based on the sale consideration.

Issue 2: The court considered the interpretation of court fee provisions under the Court Fees Act, 1870. The petitioners argued that the valuation of the suit for court fee purposes was correctly done at a fixed amount, relying on specific sections of the Act. However, the court rejected this argument, emphasizing that the primary relief sought in the suit was the cancellation of the sale deed, which required ad-valorem court fee payment based on the sale consideration. The court also dismissed the petitioners' reliance on previous judgments to support their position, stating that the claim for cancellation of the deed did not fall under the sections cited.

In conclusion, the court upheld the trial court's decision, dismissing the revision petition and affirming the requirement for ad-valorem court fee payment on the sale consideration. The judgment emphasized the importance of assessing court fee based on the substantive relief sought in a suit, particularly in cases involving the cancellation of legal documents like sale deeds.

 

 

 

 

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