Court Fees Act, 1870

Court Fees Act, 1870—Section 7(iv)(c)—Entry 17(iii) of Second Schedule—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?—Held, 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—Appeal allowed—Orders of the trial court and the High Court directing payment of court fee on the sale consideration under the sale deeds set aside—Trial Court directed to calculate the court fee in accordance with Section 7(iv)(c) read with Section 7(v) of the Act.