Defendants purchased another land and claim on other
The father of the plaintiff purchased an area of land of C,S, Khata no. 431, C.S khesara no. 1013 on court auction sale on 03.07.1959 in execution of a Decree and accordingly Sale Certificate had been granted to him. Since last few year the defendants are creating troubles with the peaceful possession and enjoyment of the plaintiff, saying that they have purchased 12 acre 52 decimals of land through five registered sale deeds. Plaintiff obtained CERTIFIED COPY of the said Sale Deeds all dated 08.03.1978 and from perusal of the SAle deeds it appears that the father of the plaintiff executed sale deed of three acre, of land bearing khesara no, 1298/1570 appertaining to khata no. 225(old) / 854(new). The father of the plaintiff never sold that land which he acquired through Sale Certificate.All the alleged sale deed of the defendants are forged fabricated & fraudulent transaction which has been never acted upon, the defendant never claim there right during life time of the father of the plaintiff, who died in 2008 and since last two and half yeas the defendants are creating troubles with the peaceful possession of the plaintiff over the suit land. The plaintiff has filed Injunction Petition and date is fixed for hearing on Injunction point. the defendants have filed their W.S. and also filed a petition to preliminary issue of the case on the point of pecuniary jurisdiction and limitation matter. the plaintiff filed their rejoinder that sec. 7(iv)c of the Court fee Act, 1870 provides that in suit for declaratory decree or order where consequential relief is prayed the court fee shall be paid accordingly to the amount which the relief saught is valued in the plaint. plaintiff has valued the suit for the purpose of court fee and jurisdiction at RS. 11,500/- AND SOUGHT RELIEF for declaration of right, title and recovery of possession in case of being disposed during the pendency of the suit and the plaintiff has already paid advolerum court fee, so, the defendants claim that plaintiff should pay court fee on the basis of market value of the suit property is illegal & BASELESS.