https://www.taxtmi.com/caselaws?id=297731 The real relief disclosed by the plaint determines court fee, not the label used by the plaintiff. Where an executant of a registered sale deed alleges non-payment of full consideration and fraud, but the deed records receipt of consideration and delivery of possession, the claim is in substance one for cancellation, not a mere declaration. A declaratory suit is maintainable only if the deed is void ab initio or expressly makes non-payment or dishonour of cheques a ground for automatic revocation. As the sale transaction was complete and no such stipulation existed, annulment was the proper remedy and ad valorem court fee was payable. en-us Fri, 01 Oct 2010 00:00:00 +0530 Mon, 20 Sep 2021 16:11:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297731 The real relief disclosed by the plaint determines court fee, not the label used by the plaintiff. Where an executant of a registered sale deed alleges non-payment of full consideration and fraud, but the deed records receipt of consideration and delivery of possession, the claim is in substance one for cancellation, not a mere declaration. A declaratory suit is maintainable only if the deed is void ab initio or expressly makes non-payment or dishonour of cheques a ground for automatic revocation. As the sale transaction was complete and no such stipulation existed, annulment was the proper remedy and ad valorem court fee was payable. Case-Laws Indian Laws Fri, 01 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297731