Research › Search › Judgment

Punjab High Court · body

2013 DIGILAW 1633 (PNJ)

Lakhwinder Singh v. Kulwant Singh

2013-12-09

K.KANNAN

body2013
JUDGMENT Mr. K. Kannan, J. (Oral):- The plaintiff filed a suit for mandatory injunction directing the defendant to execute the sale deed after receiving Rs.1,45,83,33/-. Since this obligation came through an earlier decree, the plaintiff’s contention was that it was not a specific enforcement of an agreement of sale and consequently, the plaintiff is entitled to adopt a notional valuation for the relief of mandatory injunction. 2. The contention of the plaintiff is fallacious. If the plaintiff’s right is sourced either to an agreement between the parties written outside the court or under a decree which records the respective parties’ entitlement and the plaintiff is unable to secure the concurrence of the defendant to perform his part of the obligation and enforces a claim through court adjudication, he is literally asking for a specific enforcement of a right to the plaintiff secured through a decree. The right which the court was granting was not a right in the property but it was granting an equitable right to obtain a transfer of title in his favour. It was in the very nature executory in character and consequently, the plaintiff’s prayer for mandatory injunction must be taken only as euphemism for securing a specific enforcement of the right which was recognized under the decree. The suit could not have been maintained without paying advaloram court fee on the valuation of the property, which was required to be transferred in favour of the plaintiff, in the manner claimed by him. 3. The suit was not properly valued and the order dismissing the application filed under Order 7 Rule 11 CPC was erroneous. The order is quashed. The plaintiff is directed to pay court fee on the valuation of the property sought to be purchased by the plaintiff within a period of four weeks from the date of receipt of copy of the order. If he does not deposit the court fee, as directed, the plaintiff’s plaint is ordered to be rejected in the manner contemplated under Order 7 Rule 11 CPC. 4. The revision petition is allowed subject to above direction.