2010(1) LAW HERALD (P&H) 314
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Civil Revision No. 1513 of 2004
Amar Singh & Ors.
v.
Jagjit Singh Ors.
{Decided on 07/08/2009}
For the Petitioner: Mr. K.S. Cheema, Advocate.
For the Respondents: Mr. P.C. Rakhra, Advocate.
IMPORTANT POINT
Court Fee--Sole determining factor for valuation and payment of Court fee--Would be substance of relief sought for and not form.
Court Fee--Ad-valorem Court fee--Suit for possession claiming himself as owner--Substance in relief sought was cancellation of sale deed--He is required to pay ad-valorem Court fee on sale consideration of sale deed.
(A) Court Fee Act--Ad-valorem court fee--Payment and valuation--Determination of--Cancellation of sale deed--Possession--Relief claimed by plaintiff was possession claiming him self owner--His case was that he did not execut sale deed in favour of defendants but some impostor was put up in his place who executed same--In absence of cancellation of sale deed relief of possession could not be granted--Prima facie signature of plaintiff existed on sale deed--Plaintiff may camouflage form of relief to evade payment of requisite Court fee, but substance thereof might be something else--Therefore, it could not be finally concluded at this stage that plaintiff had not executed sale deed--Court below rightly came into conclusion that on account of substance of relief sought he was liable to pay ad-valorem Court fee on sale consideration. (P.7)
(B) Court Fee Act--Court Fee--Sole determining factor for valuation and payment of Court fee--Would be substance of relief sought for and not form. (P.7)
(C) Court Fee Act--Payment and valuation of--Court is required to look in to averment contained in plaint that what relief in substance is sought--It is not looked into form of the suit for valuation and payment of Court fee. (P.7)
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Mana
