to a deed of transfer/conveyance, can be brought out by the following illustration relating to A' and B' – two brothers. A' executes a sale deed in favour of C'. Subsequently A' wants to avoid the sale. A' has to sue for cancellation of the deed. On the other hand, if B', who is not the executant of the deed, wants to avoid it, he has to sue for a declaration that the deed executed by A' is invalid/void and non-est/illegal and he is not bound by it. In essence both may be suing to have the deed set aside or declared as nonbinding. But the form is different and court fee is also different. If A', the executant of the deed, seeks cancellation of the deed, he has to pay advalorem court fee on the consideration stated in the sale deed. If B', who is a non-executant, is in possession and sues for a declaration that the deed is null or void and does not bind him or his share, he has to merely pay a fixed court fee of Rs.19.50 under Article 17(iii) of Second Schedule of the Act. But if `B', a non-executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an ad-valorem court fee as provided under Section 7(iv)(c) of the Act. Section 7(iv)(c)
