Avtar Singh Gill v. Dharamveer Singh Gill and Ors.
Case brief
What is this about?
The High Court set aside the trial court order regarding court fee valuation for cancellation of a sale deed. It directed retrial to determine fee based on market value considering Haryana's Court Fee Act amendment.
What did the court decide?
Impugned order set aside; direction to trial Court to decide valuation and court fee afresh.
What the court decided
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1011 of 2010 Date of decision: 08.12.2010
Avtar Singh Gill
....Petitioner
Versus
Dharamveer Singh Gill and others
....Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present: - Mr. Harkesh Manuja, Advocate, for the petitioner. Mr. Parvez Chugh, Advocate, for respondent No.1. Mr. Satinder Khanna, Advocate, for respondents No.3 to 5.
ALOK SINGH, J (ORAL)
Learned counsel for the petitioner states that although plaintiff/petitioner has to pay ad valorem court fee for the cancellation of the sale deed, however, court fee is to be paid not on the sale consideration shown in the sale deed but ad valorem court fee has to be paid on the market value of the property involved as per the provisions of Section 7(v)(a) of the Court Fee Act as amended and applicable within the territory of State of Haryana vide Amendment Act No.22 of 1974.
Issues for consideration
1 issue framed by the court
Whether court fee for cancellation of sale deed should be calculated on market value or sale consideration under Section 7(v)(a) of the Court Fee Act.
Parties & counsel
- petitioner
Avtar Singh Gill
- respondent
Dharamveer Singh Gill
Coram
Allok Singh
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · December
- Registered
- Case no.
- CR/1011/2010
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