Krishan Kumar v. Balwant Singh And Others

YOGESH SHARMA 2019.01.21 12:05 I attest to the accuracy and integrity of this document CR-2282-2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-2282-2017 (O&M) Date of decision : 16.01.2019 Krishan Kumar ... Petitioner

Versus

Balwant Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Ajay Vijarania, Advocate for the petitioner.

Mr. Nishant Arya, Advocate for the respondent Nos.1 to 5.

**** AMIT RAWAL, J. (ORAL) The short point involved in the present revision petition is whether the impugned order dated 03.02.2017 calling upon the petitionerplaintiff, for claiming the relief of possession, to pay the court fees as per the sale consideration of the sale deed being not executed is sustainable or not. The answer is 'No', for, the court fees is required only on the valuation of the suit land as per the provisions of the Indian Court Fees Act and not as per the sale consideration. The impugned order is, thus, clarified to the aforesaid extent.

The plaintiff is directed to make deficiency in the court fees within a period of 30 days from the date of the receipt of the certified copy of this order.

With the aforesaid observations, the present revision petition stands disposed of.

16.01.2019 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No