Murti Thakur Dwara Kasba Kaithal And Others v. Ram Dass And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-6474-2024 (O&M) Date of Decision : 07.11.2024 Murti Thakur Dwara, Kasba Kaithal Behatmam Phool Dass Chela Lachman Dass Chela Pritam Dass and Others ....Petitioners

VERSUS

Ram Dass @ Ramwas and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rakesh Gupta, Advocate for the petitioners. ALKA SARIN, J. (Oral) 1.

Present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 23.07.2024 whereby the application filed by the respondents under Order VII Rule 11 of the Code of Civil Procedure, 1908 for directing the petitioners herein to pay the ad valorem court fee on the suit property has been allowed. 2.

Learned counsel for the petitioners would contend that the petitioners are worshipers and are challenging the mutation wrongly entered in favour of the defendant-respondents and hence the ad valorem court fee would not be payable.

3.

Heard.

4.

In the present case the prayer in the suit itself is for possession of the suit property. It is a settled proposition of law that if a non-executant, who is not in possession, seeks not only a declaration but also consequential relief of possession, he would have to pay the ad valorem court fee. JITENDER KUMAR 2024.11.08 09:43 I attest to the accuracy and authenticity of this document Chandigarh

CR-6474-2024 -25.

In view of the above, no fault can be found with the impugned order passed by the Trial Court. The present revision petition being devoid of any merits is accordingly dismissed. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 07.11.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.11.08 09:43 I attest to the accuracy and authenticity of this document Chandigarh