In Brief
The plaintiff sought to declare sale deeds null and void, claiming they were fraudulently executed by defendants. The defendants argued inadequate court fee was paid and sought rejection of the suit, claiming it should be valued under a fixed-fee provision rather than ad valorem provisions. The Supreme Court held that when a party to a sale deed seeks its declaration as null and void, the suit in substance amounts to seeking cancellation, requiring court fee to be computed on the property value. The applicable statutory provision depends on the plaintiff's legal position and substantive relief sought, not evidentiary examination. The Court set aside the lower courts' orders and granted the plaintiff three months to pay proper court fee.
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