Court fee payable in regard to claim for a declaration that sale deeds were void and not “binding on the coparcenary”, and for consequential relief of joint possession and injunction

In Shailendra Bhardwaj & Ors. v. Chandra Pal & Anr. (supra), Supreme Court had to consider whether a suit for declaration that a will and a sale deed are void resulting in their cancellation, fell under Section 7(iv-A) of the Court Fees Act, 1870 as amended by the U.P. Amendment Act (Act 19 of 1938) or Article 17(iii) of Schedule II of the Court Fees Act, 1870 for the purpose of valuation. The trial court had held that the court fee had to be paid under Section 7(iv-A) and the High Court affirmed that view.

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