Appeal success: Court fee calculation overturned for property dispute.

The appellant sought various reliefs, including a declaration that certain properties were co-parcenary and challenging the validity of sale deeds. The trial court and High Court held that ad valorem court fee was payable on the sale consideration in the deeds. However, as the appellant was not seeking cancellation but a declaration that the deeds do not bind the co-parcenary, court fees were to be computed under Section 7(iv)(c) of the Court Fees Act, 1870. The appeals were allowed, setting aside previous orders and directing the trial court to calculate the court fee based on the plaint averments.

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Issues involved: Determination of court fee payable for a declaration that sale deeds were void and not binding on the co-parcenary, and for the consequential relief of joint possession and injunction.

Summary:
The appellant filed a suit seeking various reliefs, including a declaration that certain properties were co-parcenary, and challenging the validity of sale deeds and gift deeds. The appellant paid court fees as per Section 7(iv)(c) of the Court-fees Act, 1870. The trial court held that ad valorem court fee was payable on the sale consideration in the sale deeds, which was challenged by the appellant in revision. The High Court upheld the trial court's decision, leading to a series of applications and appeals. The main issue was the determination of court fee payable for the specific reliefs sought by the appellant.

In Punjab, court fees are governed by the Court Fees Act, 1870. The relevant provision for suits seeking a declaratory decree with consequential relief is Section 7(iv)(c) of the Act. The court fee payable is based on the value of the relief sought in the plaint. The Act specifies different valuation methods for different types of properties, such as agricultural lands and houses. The distinction between seeking cancellation and seeking a declaration for invalidity of a deed was explained, highlighting the difference in court fee requirements based on whether the plaintiff is the executant or a non-executant of the deed.

The Court clarified that in this case, the appellant was not seeking cancellation of the sale deeds but a declaration that they do not bind the co-parcenary, along with a claim for joint possession. As the appellant was not the executant of the sale deeds, the court fee was to be computed under Section 7(iv)(c) of the Act. The trial court and the High Court erred in requiring payment of court fee based on the sale consideration in the deeds. The appeals were allowed, setting aside the previous orders and directing the trial court to calculate the court fee in accordance with the relevant provisions of the Act based on the plaint averments.

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