FIXATION OF STAMP DUTY BY SUB-REGISTRAR ON A SALE DEED WITH OUT BASIC REGISTER VALUATION AND ON IMAGINARY LINE NOT VALID = The subject document viz., sale deed Ex.A-1 presented for registration is executed on 18-04-1994. The petitioners have not produced any document to show that in the year 1994 the market value was Rs.1,500/- per square yard. They have also not filed the basic value register showing any such market value in the locality concerned. Simply because some crucial buildings were in existence in the vicinity, the market value cannot be enhanced to Rs.1,500/- per square yard basing on the documents which came into existence much subsequent to the date of execution of Ex.A-1 sale deed. The reliance placed on such documents which were executed long subsequent to the date of the said sale deed Ex.A-2, is rather misplaced. Going by the market value obtaining in the year 1993 and having regard to the fact that the market value was on increase year after year, the learned appellate Court has rightly enhanced the market value from Rs.700/- to Rs.1,000/- per square yard and appropriately fixed the same at Rs.1,000/- per square yard. 5. There are no valid or justifiable grounds to interfere with the said fixation of market value by the appellate Court. The impugned order does not call for any interference.

PUBLISHED IN http://hc.ap.nic.in/csis/MainInfo.jsp?mtype=CRP&mno=6029&year=2002

CRP 6029 / 2002

CRPSR 30444 / 2002

PETITIONER RESPONDENT DIST. REGISTRAR OF ASSURANCE & ANR   VS KOTRA RAMASESHU PET.ADV. : GP FOR ARBITRATION RESP.ADV. : RAO SUBJECT: INSOLVENCY DISTRICT:  KHAMMAM

IN THE HIGH COURT OF JUDICIATURE, ANDHRA PRADESH, AT HYDERABAD

THURSDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN

PRESENT::

HON’BLE SRI JUSTICE G.V.SEETHAPATHY

C.R.P.No.6029 OF 2002

Between:-

The District Registrar of Assurance, Khammam

and another

…Petitioners

A n d

Kotra Ramaseshu

…Respondent

HON’BLE SRI JUSTICE G.V.SEETHAPATHY

C.R.P.No.6029 OF 2002

ORDER:

          The civil revision petition is directed against order dated
24-12-2001 in C.M.A.No.2 of 1998, on the file of Senior Civil Judge, Khammam, wherein the said appeal filed by the respondent herein was allowed-in-part, fixing the market value at Rs.1,000/- per square yard.

2.       Heard the learned Government Pleader for the petitioners.  None appeared for the respondent.  Perused the record.

3.       The respondent herein purchased 100 square yards of house site situate in Harkara well road, Khammam for Rs.70,000/- and the sale deed was drafted on a stamp paper worth Rs.7,700/- and it
was presented for registration before the second appellant. 
The registration of the document was kept pending and the market value was fixed at Rs.1,500/- per square yard and the respondent was directed to pay the remaining stamp duty of Rs.8,800/- and registration fee of Rs.400/-.  

The second petitioner herein referred the matter to the first petitioner.  

The first petitioner, after making local inspection, confirmed the market value at Rs.1,500/- as fixed by the second petitioner. 

Aggrieved by the same, the respondent preferred appeal in C.M.A.No.2 of 1998.  The learned Senior Civil Judge, Khammam allowed the appeal in part, fixing the market value at Rs.1,000/- per square yard.  

Not satisfied with same, the Government preferred the present civil revision petition. 

4.       It is not disputed that the property purchased under Ex.A-1 sale deed is 100 square yards situate in Khammam town.  

According to
the respondent, the market value of the similarly situate property in 1993-94 was only Rs.700/- per square yard.  

The petitioners herein fixed the market value at Rs.1,500/- per square yard basing on the copies of the sale deeds Exs.B-2 to B-6.  

No other material was placed by the petitioners to show that the market value of the property at the relevant time was Rs.1,500/- per square yard.  

As rightly observed by the appellate Court, the material placed on record showed that the market value was Rs.700/- per square yard in the year 1993 and it got increased to Rs.1,500/- in 1995.  

The subject document viz., sale deed Ex.A-1 presented for registration is executed on 18-04-1994.  

The petitioners have not produced any document to show that in the year 1994 the market value was Rs.1,500/- per square yard.  

They have also not filed the basic value register showing any such market value in the locality concerned.  

Simply because some crucial buildings were in existence in the vicinity, the market value cannot be enhanced to Rs.1,500/- per square yard basing on the documents which came into existence much subsequent to the date of execution of Ex.A-1 sale deed.  

The reliance placed on such documents which were executed long subsequent to the date of the said sale deed Ex.A-2, is rather misplaced. 

 Going by the market value obtaining in the year 1993 and having regard to the fact that the market value was on increase year after year, the learned appellate Court has rightly enhanced the market value from Rs.700/- to Rs.1,000/- per square yard and appropriately fixed the same at Rs.1,000/- per square yard. 

5.       There are no valid or justifiable grounds to interfere with the said fixation of market value by the appellate Court.  The impugned order does not call for any interference.

6.       In the result, the civil revision petition is dismissed.  There shall be no order as to costs.

_____________________

                                      G.V.SEETHAPATHY, J

24^th February, 2011

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