Manohar Singh vs Narendra Singh And Others

Sudhanshu Dhulia, J.

The present revisionist before this Court had filed a suit before the A.D.J./F.T.C Vth, Dehradun which was registered as O.S. No.90 of 2005 "Sri Manohar Singh Vs. Sri Narendra Singh and Others".

The matter pertains to a land and different sale deeds. The issue regarding under valuation and court fee came up before the court below. There were total four sale deeds and the contention of the revisionist is that the court below has adopted different yardsticks in ascertaining the court fee for the same nature of land. The court below has considered the sale deed to be correct but in other similar cases, the court below held the same to be bad and has held that it should have been of a higher value.

Heard the parties.

There has not been a proper determination by the court below as to the "market value", of the property. Learned counsel for the revisionist has apprised this Court that in such cases Section 9 of the Court Fees Act, 1870 would come into play. Section 9 of the Court Fees Act, 1870 reads as under:-

"9. Power to ascertain net profits or market-value.- In every suit the plaintiff shall file with the plaint a statement, in such form as may be prescribed for the purpose of particulars and valuation of the subject-matter of the suit, unless such particulars and valuation are contained in the plaint itself. If the Court sees reason to think that the annual net profits or the market -value of any such land, house or garden as is mentioned in Section 7, Paragraphs 5 and 6 have or has been wrongly estimated, the Court may, for the purposes of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court."

In terms of the above provision, the impugned order dated 31.07.2010 passed by the A.D.J./F.T.C Vth, Dehradun in O.S. No.90 of 2005 is hereby set aside. The civil revision stands allowed. Let the court below ascertain the market value and determine the valuation and court fee in accordance with law.

The Registrar General of this Court is hereby directed to apprise the court concerned about this order for onward compliance.

Interim order, if any, stands vacated.