Declaration permanent injuction decree
siri
(Querist) 19 November 2011
This query is : Resolved
CLARIFY WHETHER BELOW MENTIONED RELIEF PRAYER ATTRACTS COURT FEE AS PER PERMANENT INJUCTION OR as per TITLE DECLARATION
1)That by passing declaratory permanent injuction decree in favour of plantiff and against defendant the plaintiff is the absolute owner and in possession of mentioned scheduled property
2)PLZ give declaratory decree of permanent injuction against defendant the defendant had no right title & restrict him not to disturb the Plantiff rightful ownership rights for mentioned scheduled property
If above 2 points is not so good then give correct Techno legal terms for praying in court for decree of injuction / declaration which attracts only nominal court fee but in final decree Plantiff should be declare as Absolute owner i.e Plantiff should get ownership rights for said property with out praying Title declaration in court
M/s. Y-not legal services
(Expert) 19 November 2011
The prayer may as ''declare the plaintiff is the lawful owner of the schedule mentioned property and directing the defendents or their men, agents not to interfere or disturbing the peaceful possession and enjoyment of the plaintiff's in the suit property.'' but you must pay the proper court fee for your claim. Without paying sufficient court fee you can't claim declaration decree.
ajay sethi
(Expert) 19 November 2011
you want to have your cake and eat it too .
you want declaratory reliefs but dont want to pay proper court fees.
when declaratory reliefs are sought ie declaration that plainitff is absolute owner of the said property , court fees have to be paid on the value of property
Rajeev Kumar
(Expert) 19 November 2011
Yeah very nice explanation by sethi. I do agree with experts
Sailesh Kumar Shah
(Expert) 20 November 2011
Agree with opinion expressed by Mr.Tom and Mr.Ajay.
Devajyoti Barman
(Expert) 20 November 2011
Where do you stay?
In WB in suit for declaration of property the litigant need not pay the court fee on the value of the property but a fixed fee of Rs 50/-.
So check your local court fees act.
siri
(Querist) 21 November 2011
dear experts,Plz give answer straight i.e tell whether my above 2 points attracts court fee as per Injuction suit OR as per title declaration by seeing carefully
prabhakar singh
(Expert) 21 November 2011
yes, i do agree experts query reply
