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2016 DIGILAW 1100 (PNJ)

Mohit Kumar v. Bharat Singh

2016-04-07

SHEKHER DHAWAN

body2016
JUDGMENT : Shekher Dhawan, J. Present petition is challenge to the order dated 3.8.2015, passed by learned Civil Judge (Junior Division), Bhiwani whereby petitioner/plaintiffs were directed to pay ad valorem court fee on the sale consideration of agreement of sale dated 28.1.2008. 2. Learned counsel for the petitioners submitted that the Court below wrongly held that present suit is a suit for possession by way of specific performance, whereas plaintiffs had filed a suit for declaration to the effect that they are entitled to get the sale deed executed in respect of the suit land and for that purpose required court fee has already been affixed. In support of his arguments, learned counsel for the petitioners placed reliance upon the judgment rendered by this Court in Bant Singh v. Noble Trade Cone Pvt. Ltd. and others 2014 (1) PLR 713. 3. Learned counsel for the respondents submitted that the Court below has rightly decided the controversy because the petitioners have in fact sought decree for possession by way of specific performance of agreement of sale dated 28.1.2008 under the veil of decree for declaration along with consequential relief of permanent injunction and mandatory injunction. It simply amounts to astuteness in drawing the plaint and the same cannot be allowed to avoid the payment of court fee. 4. Having considered the submissions made by learned counsel for the parties, this Court is of the considered view that the court below has rightly decided the application under Order 7, Rule 11 CPC because the petitioners had in fact filed suit for specific performance of agreement of sale dated 28.1.2008, though merely because of jugglery of words, petitioner sought decree for declaration just to avoid the payment of court fee. The same is not permissible as per law. On these facts, the present case is distinguishable from the case of Bant Singh v. Noble Trade Cone Pvt. Ltd. and others (supra). For all intents and purposes, the decree for specific performance of agreement of sale was sought and the Court below has rightly directed the petitioners to affix the court fee. 5. In view of the discussion made above, present petition is without any merit and the same stands dismissed.