The party to deed file suit either for cancellation or declaration he shiuld seek prayer for cancellation of deed - non party to sale deed need not seeking cancellation - payment of Court Fee under Section 40 of the Act.

Citation

2005(5) CTC 190

(Chellakannu .vs.Kolanji),in which, para 15 reads as follows:

15.The allegation on the Plaint in substance amounts to cancellation of the document. Though the prayer is couched in the form of seeking declaration that the document is not valid and not binding, the relief in substance indirectly amounts to seeking for cancellation of the Sale Deed. Learned District Munsif was right in ordering payment of Court Fee under Section 40 of the Act. This Revision petition has no miets and is bound to fail.