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    <title>2010 (3) TMI 1253 - Supreme Court</title>
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    <description>A suit by a non-executant seeking a declaration that sale deeds are void, illegal or not binding is not a cancellation suit by the executant. If the non-executant is in possession and seeks only declaration, the suit falls under Article 17(iii) of the Second Schedule; if consequential relief such as possession or injunction is also claimed, court fee is governed by Section 7(iv)(c), read with the proviso and Section 7(v), and valuation depends on the relief claimed rather than the sale consideration in the deeds. The suit was therefore treated as a declaratory action with consequential relief, not as a cancellation suit, and court fee was not payable on the sale consideration.</description>
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    <pubDate>Mon, 29 Mar 2010 00:00:00 +0530</pubDate>
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      <title>2010 (3) TMI 1253 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=286968</link>
      <description>A suit by a non-executant seeking a declaration that sale deeds are void, illegal or not binding is not a cancellation suit by the executant. If the non-executant is in possession and seeks only declaration, the suit falls under Article 17(iii) of the Second Schedule; if consequential relief such as possession or injunction is also claimed, court fee is governed by Section 7(iv)(c), read with the proviso and Section 7(v), and valuation depends on the relief claimed rather than the sale consideration in the deeds. The suit was therefore treated as a declaratory action with consequential relief, not as a cancellation suit, and court fee was not payable on the sale consideration.</description>
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      <pubDate>Mon, 29 Mar 2010 00:00:00 +0530</pubDate>
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