Ajanta Bhatewara (M/s.) & Ors. vs. Additional Distt. & Sessions Judge Beawar, Distt. Ajmer

Specific Relief Act, 1963–Sec. 12–Code of Civil Procedure, 1908–Order 7, Rule11, Order 14, Rule 1–Rajasthan Court Fees & Suit Valuation Act, 1961–Secs. 10 & 11–Stamp Act, 1899–Sec. 35–Suit for specific performance of a contract–Objection as regard to undervaluation of Court fees and deficiency of stamp value on the agreement–Rejection of–Justification–Plaintiffs prayed for the decree of possession and partition and in anticipation of the grant of prayer for specific performance of a contract–On account of differences among the buyers, one of them has joined the hands of the vender and claimed that the sale deed could not be registered solely on account of the failure of plaintiffs but for other omissions including the failure to pay the remaining amount of sale consideration within time and their unwillingness to execute the sale deed, failure in payment of stamp duty and get the same registered–Held, trial Court is directed to frame certain issues in regard to Court fees and admissibility of the document.