AGRA DIOCESAN TRUST ASSOCIATION versus ANIL DAVID AND ORS.

AGRA DIOCESAN TRUST ASSOCIATION versus ANIL DAVID AND ORS.

Section 7(iv-A) of the U.P. Court Fees Act, 1870 deems market value for immovable property to be computed under sub-sections (v), (v-A) or (v-B); where the plaintiff or predecessor-in-title was not a party to the instrument the court-fee valuation is one-fifth of that value; the plaintiff is not obliged at the filing stage to prove the land is revenue-paying and the correct market value based on revenue payable is a question to be tried in the suit; the High Court's reliance on circle rate as conclusively determinative was not sustainable on the facts.

Parties
Appellant/plaintiff: AGRA DIOCESAN TRUST ASSOCIATION; Respondents/defendants: ANIL DAVID AND ORS.
Jurisdiction
India
Judgment Date
19 February 2020
Procedural Posture
Civil Appeal / Final Hearing
Outcome
Appeals allowed
Legal Topics
Valuation for Court Fee, Cancellation of Instrument, Market Value Determination, Suit Valuation
Court Fees Civil Procedure Property Law Valuation for Court Fee Cancellation of Instrument Market Value Determination Suit Valuation

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Parties

AGRA DIOCESAN TRUST ASSOCIATION

Appellant/plaintiff

ANIL DAVID AND ORS.

Respondents/defendants

Procedural Posture

Civil Appeal / Final Hearing

Legal Issues

  1. 1 Whether the suits were undervalued and the court fee paid was insufficient
  2. 2 Whether market value for court fee is to be determined by the circle rate fixed by the Collector or by computation under Section 7(v), (v-A) or (v-B) of the U.P. Court Fees Act, 1870
  3. 3 Whether a plaintiff who is not party to the instrument must prove at the stage of filing that the land is revenue-paying and the details of such revenue

Ratio Decidendi

Section 7(iv-A) of the U.P. Court Fees Act, 1870 deems market value for immovable property to be computed under sub-sections (v), (v-A) or (v-B); where the plaintiff or predecessor-in-title was not a party to the instrument the court-fee valuation is one-fifth of that value; the plaintiff is not obliged at the filing stage to prove the land is revenue-paying and the correct market value based on revenue payable is a question to be tried in the suit; the High Court's reliance on circle rate as conclusively determinative was not sustainable on the facts.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment of the High Court and the trial court's findings on valuation court-fee are set aside to the extent indicated
  • The question of what is the market value based on the revenue payable shall be tried in the suit