Ganesh Chandra Bag vs Rashbehari Chakrabarti And Ors. on 12 July, 1978
Mr. Kundu next relies on a decision reported in (1935) 39 Cal WN 250 (Radha Sundar Roy v. Saktipada Roy). In this case, it has been held that "a suit under Section 39 of the Specific Relief Act for a declaration that the deed executed by the plaintiff is void or voidable with a prayer for cancellation of the same and n'otification thereof to the sub-registrar falls within Section 7, Clause (iv) (c) of the Court-fees Act." This decision also does not help the respondent as admittedly there is no prayer for cancellation of the document and as such the question of payment of court-fee for such a declaration does not arise.