MATTERS UNDER ARTICLE 227 No. 5685 of 2024 at Lucknow

A.F.R. RESERVED Chief Justice's Court Case :- MATTERS UNDER ARTICLE 227 No. - 5685 of 2024 Petitioner :- Surendra Kumar Respondent :- Shanti Devi Counsel for Petitioner :- Diwakar Pratap Pandey,Uday Kumar Counsel for Respondent :- Anand Kumar Singh,C.S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. (Per:- Jaspreet Singh, J.) This judgment has been divided into segments to facilitate analysis. These are:- A. Introduction and Issues 1-3 B. Submission on Behalf of the Petitioner 4-5 C. Submissions on Behalf of the Respondents 5-6 and State of U.P. D. Submissions on Behalf of the Members of 6-8 the Bar. E. Discussions and Analysis 8-39 E-I Answer to Question No.1 40 E-II Answer to Question No.2 40-41 F. Conclusion 41 A. Introduction and Issues:- 1. A question of seminal importance as to whether an agreement to sell can be construed as an instrument securing money or other property so as to attract the provisions of Section 7(iv-A) of the Court Fees Act, 1870 (for short, 'the Court Fees Act') as amended and applicable in the State of U.P., is in for consideration before this Court. If it is held that an agreement to sell is not an instrument securing money or other pro