Assessment of Market value of the suit property for Court Fees on relief of cancellation of Sale Deed is a triable issue; SC.

The SC {AGRA DIOCESAN TRUST ASSOCIATION v. ANIL DAVID AND ORS.} holds that it is undisputed that the point in issue was with respect to valuation for purposes of court fee; equally, it is not in issue that since the plaintiff (i.e. petitioner herein) sought, in addition to a declaration, in both the suits, decrees of cancellation, the crucial point was what the correct value for purposes of court fee was. It was held that now, market value has been specifically defined, in the context of a litigation like the present one. According to Section 7 (iv-A), in case the plaintiff (or his predecessor-in-title) was not a party to the decree or instrument, the value was to be according to one-fifth of the value of the subject matter, “and such value shall be deemed to be” under Section 7 (iv-A),“if the whole decree or instrument is involved in the suit, the amount for which or value of the property in respect of which the decree is passed or the instrument executed”.

It was held by the SC that the question of what is the market value, based on the revenue payable, would be an issue to be tried in the suit.

In the present case, the trial court by its order dated 23.04.2016, recorded the findings against the plaintiff / petitioner and held that the suits filed were under-valued and the court fee paid by the plaintiff was insufficient.The High Court, by the impugned judgment,  accepted the respondent/defendants’ contentions that the circle rate fixed by the collector to charge stamp duty took into account the actual market value of the property situated in the area. The appeal was allowed in above terms by the SC - setting aside judgment of the trial court and HC.