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S. Manjinder Singh vs Smt. Krishna Bhat And Ors. on 11 November, 2013

12. In the present Suit, plaintiff is seeking a relief of declaration as well as cancellation. The document, i.e. the gift deed is a registered one. Though the plaintiff is not the executant of the document, however, he will have to pay ad valorem court fees for the relief of cancellation, as laid down by the Hon'ble High Court in S. Manjinder Singh Vs. Smt. Krishna Bhat & Ors.­ CS(OS)1642 of 2007 vide order dated 11.11.2013.

Anil Rishi vs Gurbaksh Singh on 2 May, 2006

"12. It must be noted that the facts in the aforementioned case were that reliefs were being sought in relation to a coparcenary property. And yet, the highlighted portion of the decision explained that where the consequential relief was being sought, the ad valorem court fee would have to be paid, In the instant case teh principal relief is for specific performance of an agreement to sell an immovable property. It is inconceivable that where in defence to such a suit it is pleaded that the property in question stands transferred under a registered gift deed, any effective relief can be granted to the Plaintiff without his seeking cancellation of such gift deed. In fact, the Plaintiff, if not already in possession, would also necessarily have to seek such relief. As explained by the Punjab and Haryana High Court in Anil Rishi v. Gurbaksh Singh, "if he sale deed which is a registered document exists and is not directed to be cancelled and delivered the basis purpose of the plaintiff in instituting the present suit remains unsatisfied and the Court may not be in a position to grant complete and effective relief to the plaintiff".
Supreme Court of India Cites 6 - Cited by 391 - S B Sinha - Full Document
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