TMI Blog2010 (3) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... properties as they were purchased from the sale proceeds of ancestral properties, and that he was entitled to joint possession thereof; (ii) for a declaration that the will dated 14.7.1985 with the codicil dated 17.8.1988 made in favour of the third defendant, and gift deed dated 10.9.2003 made in favour of fourth defendant were void and non-est qua the co-parcenary ; (iii) for a declaration that the sale deeds dated 20.4.2001, 24.4.2001 and 6.7.2001 executed by his father S. Rajinder Singh in favour of the first defendant and sale deed dated 27.9.2003 executed by the alleged power of attorney holder of S.Rajender Singh in favour of second defendant, in regard to certain agricultural lands (described in the prayer), are null and vo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for recalling the order dated 24.4.2008 was dismissed on 16.5.2008. Feeling aggrieved, the appellant has filed these appeals by special leave. 4. The limited question that arises for consideration is what is the court fee payable in regard to the prayer for a declaration that the sale deeds were void and not binding on the co-parcenary , and for the consequential relief of joint possession and injunction. 5. Court fee in the State of Punjab is governed by the Court Fees Act, 1870 as amended in Punjab ( Act for short). Section 6 requires that no document of the kind specified as chargeable in the First and Second Schedules to the Act shall be filed in any court, unless the fee indicated therein is paid. Entry 17(iii) of Second ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be reckoned with reference to the revenue payable under clauses (a) to (d) thereof; and where the relief is in regard to the houses, court fee shall be on the market value of the houses, under clause (e) thereof. 6. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non-est, or illegal or that it is not binding on him. The difference between a prayer for cancellation and declaration in regard 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for by clause (v) of Section 7. 7. In this case, there is no prayer for cancellation of the sale deeds. The prayer is for a declaration that the deeds do not bind the co-parcenery and for joint possession. The plaintiff in the suit was not the executant of the sale deeds. Therefore, the court fee was computable under section 7(iv)(c) of the Act. The trial court and the High Court were therefore not justified in holding that the effect of the prayer was to seek cancellation of the sale deeds or that therefore court fee had to be paid on the sale consideration mentioned in the sale deeds. 8. We accordingly allow these appeals, set aside the orders of the trial court and the High Court directing payment of court fee on the sale con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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