Heard learned counsel for the petitioner.
Suit was filed by the plaintiff-petitioner for cancellation of the sale deed.
It is contended that court fees was payable in accordance with the provisions of Section 7 (iv) (a) of the Court Fees Act and the same was duly paid. However, the courts below have wrongly and illegally, on an objection filed by the defendant-respondents, held that the suit has been under valued and proper court fees has not been paid.. Reliance in support of the contention that the court fees on a suit for cancellation of sale deed is payable in accordance with the provisions of Section 7 (iv) (a) of the Court Fees Act has been placed on the decision of Honble single Judge in the case of Anwarul Haq and others Vs. I Additional District Judge, Mau 1990 (1) AWC - 573.
Prima facie, there appears to be force in the submission and the matter requires scrutiny.
Issue notice to respondents to who may file counter affidavit.
Petitioner shall take steps for service of notice by registered post within ten days.
Office shall issue notice returnable at an early date.
List for admission after service of notice on the respondents.
Considering the facts and circumstances, till the next date of listing, further proceedings of Original Suit No. 670 of 2007, Puran Chand Vs. Jai Hanuman Avas Vikas Samiti and others, pending in the court of Additional Civil Judge (Junior Division), (Court No. 11), Agra shall remain stayed.
Order Date :- 8.1.2010 Dcs