Judgment Intelligence
Other- Court
- Rajasthan High Court
- Date of Decision
- 11 March 2024
- Bench
- Justice Pankaj Bhandari and Justice Bhuwan Goyal (Division Bench, on a reference; per Pankaj Bhandari J.)
- Relevant Acts & Sections
- Rajasthan Court Fee and Suits Valuation Act, 1961 — Sections 6(1) (proviso), 24(e), 38(1) and 40; Specific Relief Act, 1963 — Section 19; Transfer of Property Act, 1882 — Section 48
Reference answered. Question 1: court fee is payable only on the main relief of specific performance, as the declaratory prayer is ancillary (para 18). Question 2, found not properly framed, was answered in the negative: Section 38 does not apply and ad valorem fee is not payable (paras 19-20).
Key holdings
- A prayer to declare the later sale deed void in a specific performance suit is ancillary relief (paras 17-18).
- Under the proviso to Section 6(1), fee is charged only on the main relief, not the aggregate of reliefs (paras 16, 18).
- Following Suhrid Singh, cancellation attracts fee on the deed’s value; a declaration of voidness qua the plaintiff is charged on the main relief (paras 13-14).
- A suit to declare a sale deed void is not one for cancellation, so Section 38’s ad valorem fee does not apply (para 19).
Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.
Brief Facts
Court's Findings
Legal Principle
Precedents Relied Upon
- Suhrid Singh @ Sardool Singh v. Randhir Singh & Ors. 2010 AIR (SC) 2807
An executant who wants a deed annulled must seek cancellation and pay ad valorem fee on the consideration; a non-executant seeks a declaration that the deed is invalid or not binding on him, and the form of relief and the court fee differ. Relied on to hold that the question referred is no longer res integra.
- Dilip Bastimal Jain v. Baban Bhanudas Kamble & Ors. AIR 2002 Bom 279
In a suit for specific performance the only requirement is to join the subsequent transferee as defendant; the ancillary declaration need not be prayed or court fee affixed on it, in view of Section 48 of the Transfer of Property Act.
- Ratan Devi v. Gawra Devi & Ors. 2015 AIR (Rajasthan) 29
Relied on by counsel for the respondents for ad valorem fee under Section 38; the Court noted that the cases relied on by the respondents concerned a relief for cancellation of the sale deed, not the declaration referred.
View all precedents (8)
- Mahendra Singh Ranawat v. Bhagwati Devi 2017 (1) DNJ 337
Relied on by counsel for the respondents; distinguished as a case where the relief claimed was cancellation of the sale deed.
- Sukh Lal & Ors. v. Devi Lal & Ors. 1954 AIR (Rajasthan) 170
Relied on by counsel for the respondents; distinguished as a case where the relief claimed was cancellation of the sale deed.
- J. Vasanthi & Ors. v. N. Ramani Kanthammal (D) Rep. By LRs & Ors. 2017 AIR (SC) 3813
Relied on by counsel for the respondents; distinguished as a case where the relief claimed was cancellation of the sale deed.
- Gurdial Singh & Ors. v. Sewa Singh & Ors. AIR 1973 Punjab & Haryana P. 254
Cited by Mr. Manoj Bhardwaj: a sale deed registered pursuant to an earlier agreement to sell relates back to the date of the agreement.
- Dina v. Gujaba AIR 1926 Nagpur 95
Cited by Mr. Manoj Bhardwaj with Gurdial Singh: a sale deed registered pursuant to an earlier agreement to sell relates back to the date of the agreement.
