Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
Smart Summary

Factual and Procedural Background

This revision was filed by Bhag Singh (the plaintiff) against an order of the Sub Judge, Jagraon dated 19 November 1987 directing him to make good a deficiency of court-fee on the plaint. The suit (filed by Bhag Singh) sought a declaration that he was the owner in possession of 24 kanals of land in village Galib Kalan, Tehsil Jagroan, Distt. Ludhiana, and prayed for setting aside a sale deed dated 23 June 1986 executed by Jarnail Singh (defendant) as the plaintiff's alleged attorney in favour of Gurmit Kaur (defendant No. 2) for Rs. 45,000 as illegal and void; mutation made on the basis of that sale deed was also challenged. The plaintiff also sought to avoid a mortgage of 8 kanals said to have been executed by the defendant (as attorney) in favour of defendant No. 3. The plaint bore court-fee of Rs. 19.50. The trial Court held that ad valorem court-fee under Article I of Schedule I of the Court Fees Act was payable and issued the impugned direction; the present petition is a revision against that order.

Legal Issues Presented

  1. Whether the plaint in which the plaintiff seeks a declaration of title while claiming to be in possession requires payment of ad valorem court-fee under Article I of Schedule I of the Court Fees Act, or court-fee computed on ten times the land revenue under Section 7(iv)(c) and Section 7(v) of the Court Fees Act.
  2. Whether the court-fee of Rs. 19.50 paid on the plaint was adequate when the valuation for fee purposes is taken at ten times the land revenue assessed.

Arguments of the Parties

Petitioner's (Appellant's) Arguments

  • Counsel for the petitioner argued that the court-fee paid on the plaint (Rs. 19.50) was in order.
  • In the alternative, it was argued that because the land in dispute is assessed to land revenue, the appropriate court-fee (if not the amount already paid) should be at most computed on ten times the land revenue assessed.

Trial Court's Position (as described in the opinion)

  • The trial Court had held that ad valorem court-fee on the market value of the land was payable since the sale was being challenged, and therefore directed the plaintiff to make good the deficiency.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Niranjan Kaur v. Nirbigan Kaur, 1982 PLR 127 Establishes that when the substantive relief is declaration of title and possession is already with the plaintiff (with no relief for possession sought), Article I of Schedule I will not apply and Section 7(iv)(c) governs. The court relied on the Full Bench decision to support the proposition that Article I Schedule I does not apply where declaration is the substantive relief and possession is already with the plaintiff.
Joginder Singh and others v. Major Singh, 1983 PLR 225 Recognises valuation for purposes of court-fee at ten times the land revenue in suits of the relevant character. The court applied this decision to hold that valuation at ten times the land revenue (stated to be Rs. 150) was appropriate for computing the court-fee here.

Court's Reasoning and Analysis

The court examined the plaint and found that the plaintiff's substantive relief was a declaration of ownership while claiming to be in possession, together with a prayer to avoid the sale and mortgage executed by his alleged attorney. The court explained the applicable legal position:

  1. If the substantive relief sought is only a declaration of title and the plaintiff is already in possession (and does not seek possession), Article I of Schedule I of the Court Fees Act does not apply; instead Section 7(iv)(c) governs the assessment of court-fee.
  2. If the substantive relief were for possession after setting aside the sale, then Article I of Schedule I would apply and an ad valorem fee based on market value would be payable.
  3. The Full Bench decision in Niranjan Kaur v. Nirbigan Kaur was cited for the first proposition; Joginder Singh v. Major Singh was cited for the proposition that valuation for fee purposes may be taken at ten times the land revenue.
  4. Applying those principles to the present facts — where the plaintiff claims to be in possession and seeks declaration while challenging the sale and mortgage executed by his alleged attorney — the court held Section 7(iv)(c) (with Section 7(v)) to be applicable so that the relevant valuation is ten times the land revenue.
  5. The valuation for the purposes of court-fee was stated to be Rs. 150 (i.e., ten times the land revenue); the court observed that the court-fee of Rs. 19.50 already paid corresponded to that valuation.

The court therefore concluded that the trial Court's order requiring payment of ad valorem fee under Article I Schedule I was incorrect on the facts as pleaded in the plaint.

Holding and Implications

Disposition: The revision petition is accepted and the order of the trial Court dated 19 November 1987 is set aside. The petitioner is required to pay court-fee computed on ten times the land revenue assessed.

Practical consequences for the parties:

  • The direction of the trial Court that the plaintiff make good a deficiency on the basis of an ad valorem assessment under Article I Schedule I has been overturned.
  • The court held that the correct basis for fee calculation is ten times the land revenue (Section 7(iv)(c) / Section 7(v)), and the court-fee already paid (Rs. 19.50) corresponded to that basis given the stated valuation of Rs. 150.
  • The petitioner is directed to appear in the trial Court on 11 June 1990. The court made no order as to costs.

The opinion does not state any broader precedent-creating consequences beyond the application of the cited authorities to the facts of this case.

    Bhag Singh Petitioner, v. Jarnail Singh And Ors.

    A.L Bahri, J. (Oral) — This revision has been filed by Bhag Singh plaintiff against order of Sub Judge, Jagraon, dated November 19, 1987, directing him to make good deficiency of court-fee on the plaint. The plaintiff was asked to pay ad valorem court-fee under Article I Schedule I of the Court Fees Act.

    2. The suit was filed by Bhag Singh for declaration that he was owner in possession of the land measuring 24 Kanals situated in village Galib Kalan, Tehsil Jagroan, Distt. Ludhiana, after setting aside the sale deed dated June 23, 1986, executed by Jarnail Singh-defendant as attorney of of the plaintiff in favour of Gurmit Kaur-defendant No. 2, for Rs. 45000/- which was illegal, void and ineffective qua the plaintiff's rights. Mutation sanctioned on the basis of the said sale deed was also challenged. He also wanted to avoid mortgage of 8 Kanals of land executed by defendant No-in favour of defendant No. 3. According to the plaintiff he, did not execute any power of attorney in favour of defendant No. 1 who alleged to have mortgaged or sold the land. On the plaint court-fee of Rs. 19.50 was paid. After objection being raised, the trial Court vide the impugned order held that the ad valorem court-fee on the market value of the land was payable as the sale was being challenged.

    3. Learned counsel for the petitioner has argued that court-fee paid on the plaint was in order. In the alternative it has been argued that the land in dispute being assessed to land revenue, and the court fee was payable at the most ten times of the land revenue assessed. In both the conditions there is merit. A perusal of the plaint clearly shows that the Plaintiff intended to avoid the sale and the mortgage executed by his alleged attorney and thus he has to pay ad valorem court-fee. On the plaint only Rs. 19.50 court-fee was paid. The value of the suit for purposes of court-fee for declaration was fixed at Rs. 195/-. It was further stated that 10 times of the land revenue amounted to Rs. 150/-. However, court-fee on the bigger relief was paid i.e Rs. 19.50 as argued. The question of payment of court-fee depends upon the averments made in the plaint. If the substantive relief is declaration of title only and consequential relief is of setting aside sale being void, the case would be covered by Section 7 (iv) (c) of the Court Fees Act. In such a case if possession is already with the plaintiff, and no relief of possession is asked for, Article 1 of Schedule I will not apply. In case substantive relief is for possession after setting aside sale to which plaintiff is a party, Court Fee payable would be under Article I Schedule I of the Court-fees Act. Full Bench case in Niranjan Kaur v. Nirbigan Kaur, 1982 PLR 127, is clear on this subject. In the present case the plaintiff claims to be in possession of the land in dispute and seeks declaration of ownership by avoiding sale deed and mortgage deed alleged to have been executed by his attorney. To such a suit Section 7(iv) (c) of the Court Fees Act would be applicable i.e Court-fee payable would be on 10 times of the land revenue assessed as provide under Section 7(v) of the Court Fees Act. It was so held in Joginder Singh and others v. Major Singh, 1983 PLR 225, decided by G.C Mital, J. Since valuation for the purposes of court-fee at 10 times the land revenue is stated to be Rs. 150/- court-fee of Rs. 19.50 paid would be in order.

    4. For the reasons recorded above, this revision petition is accepted. The order of the trial Court is set aside. The petitioner is required to pay court-fee on 10 times of the land revenue assessed.

    5. The petitioner through his counsel is directed to appear in the trial Court on June 11, 1990. No order as to costs.

    Use AI to get other relevant cases.

    Comments

    Bhag Singh Petitioner, v. Jarnail Singh And Ors.
    (May 23, 1990)