Shiv Shankar Jindal v. Deepak Kumar & Ors

RAJIV SAHAI ENDLAW, J. AUGUST 22, 2017 "gsr/bs".. (Corrected & released on 6th October, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd August, 2017 + SHIV SHANKAR JINDAL ..... Petitioner Through: Mr. S.P. Aggarwal & Mr. Pradeep Kumar, Advs. Versus DEEPAK KUMAR & ORS ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.29712/2017 (for exemption) 1. Allowed, subject to just exceptions. 2. The application is disposed of. CM(M) 890/2017 & CM No.29711/2017 (for stay) 3. This petition under Article 227 of the Constitution of India impugns the orders dated 15th July, 2017 and 26th July, 2017 in Suits No.601423/2016 and No.19653/2016 of the Court of Additional District Judge (ADJ)-11, Central District, Tis Hazari Courts, New Delhi. 4. Vide order dated 15th July, 2017, the application of the petitioner / defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint on the ground of appropriate court fees having not been paid thereon was allowed and the respondents / plaintiffs were directed to make up the deficiency in court fees. 5. The grievance of the petitioner / defendant with respect to the order dated 15th July, 2017 is that though the respondents / plaintiffs have been directed to make up the deficiency in court fees but not of the correct amount. 6. The suit filed by the respondents / plaintiffs, as per the amended plaint dated 20th August, 2015, is for the reliefs of i) declaration that the sale deed in favour of the petitioner / defendant is null and void and for recovery of possession of immovable property; and, ii) for the relief of injunction restraining the petitioner / defendant from acting on the said sale deed. 7. The contention of the counsel for the petitioner / defendant is that the plaint for the relief of declaration qua the sale deed has to be valued at the market value of the property and for the relief of possession, has to be again valued at the market value of the property. Reliance in this regard is placed on Suhrid Singh @ Sardool Singh Vs. Randhir Singh AIR 2010 SC 2807 and on Chintamani Devi VS. Vijay Kumar 215 (2014) DLT 385. It is contended that though the respondents / plaintiffs have paid court fees on the market value of the property, but only once and not twice as is required to be paid. 8. Section 7(iv)(c) of the Court Fees Act, 1870 (as applicable to Delhi), which according to the counsel for the petitioner / defendant also applies, provides that in suits for a declaratory decree or order, where consequential relief is prayed, the court fee payable shall be computed according to the amount at which the relief sought is valued in the plaint and the plaintiff is to state the amount at which he values the relief sought. Vide proviso thereto, in cases where the relief sought is with respect to any property, such valuation shall not be less than the value of the property calculated in the manner provided for by Clause (v) of Section 7. 9. Section 7(v) provides that the amount of court fee payable in suits for the possession of land, houses and gardens will be according to the value of the subject matter and such value shall be deemed to be where the subject matter is a house or a garden, according to the market value of the house or garden and where the subject matter is land, where the land is paying annual revenue to the Government, ten times or five times the revenue so payable depending on whether the said revenue is permanently settled or though settled but not permanently and where it is not charged to any revenue, or is exempted from revenue, fifteen times of net profits arising from the land during the year next before the date of presenting the plaint. 10. The suit from which this petition arises is for cancellation of a sale deed and for recovery of possession of land admeasuring 3 bighas of land out of khasra Nos.45/16 (0-15), 46/20 (1-17) and 46/21 (0-08) in the revenue estate of Village Bakoli, Delhi. 11. Though the suit is with respect to land, from its description revenue paying,