NDLI: Agra Diocesan Trust Association Vs. Anil David and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Court Fees
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Court Fees Act, 1870 (7 of 1870)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Uttar Pradesh Court Fees Act, 1870: s.7(iv-A) – Suits filed by plaintiff- appellant for cancellation of sale deed – Contested by defendants on the ground that although the relief for cancellation of the sale deed in question was sought, but the appellant had improperly valued the suit and paid insufficient court fee – Trial court recorded the findings against the appellant and held that that the suits were undervalued and court fee paid by the plaintiff was insufficient – Aggrieved appellant filed writ petition contending that the appellant was not party to the sale deed and, therefore, trial court committed an error in deciding the issues against him and in directing him to pay ad valorem court fee on the market value of the land and that as the land in dispute was agricultural land, the appellant was obliged to pay the court fee on the revenue payable as fixed by the State Government in view of s.7(iv-A) of the Act – High Court by impugned order accepted the respondent’s 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 – It further held that fixation of circle rate by the collector is the proper mode for fixation or determination of the market value unless an aggrieved person challenges that the circle rate fixed by the collector is not the correct market value of the property – On appeal, held: There was no compulsion for the plaintiff at the stage of filing the suit, to prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid – Once it is conceded that the value of the land [per explanation to s.7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb), this meant that the concept of “market value” - a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of s.7 (iv-A) – This aspect was lost sight of by High Court, in the facts of this case – The reasoning and conclusions of the High Court, are therefore, not sustainable – Consequently, the question of what is the market value, based on the revenue payable, would be an issue to be tried in the suit.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2020 INSC 210
Petitioner	Agra Diocesan Trust Association
Respondent	Anil David And Ors.
SCR	[2020] 3 S.C.R. 944
Judgement Date	2020-02-19
Case Number	1722

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