IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 4075 of 2008
Date of decision: 29.05.2009.
Jagdeep Kaur and others ...Petitioners
Versus
Shingara Singh and another ...Respondents
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. P.S.Ghuman, Advocate for the petitioner
Mr. R.K.Battas, Senior Advocate with
Mr. Harish Bhardwaj, Advocate for the respondents.
S.D.ANAND, J.
The impugned order does not at all notice that the vendor is
father of the plaintiffs-petitioners. It also does not notice the allegation by
the plaintiffs-petitioners that the land in suit was ancestral in the hands of
vendor qua them and he could not have sold it off without any legal
necessity. These two facets had a very relevant bearing on the disposal of
the controversy pertaining to the levy or otherwise of the ad-valorem court
fee.
The impugned order is set aside. The matter is remanded to
the learned Trial Court to dispose of the matter afresh after noticing the
above quoted and other relevant pleas of the parties.
The parties. through their learned counsel, are directed to
appear before the learned Trial Court on 10.6.2009. The exercise of
disposal of plea afresh shall be concluded within one month with effect
from 10.6.2009.
May 29, 2009 (S.D.Anand) Pka Judge
