VidhiSangh

Supreme Court of India · 19/02/2020

AGRA DIOCESAN TRUST ASSOCIATION versus ANIL DAVID AND ORS.

[2020] 3 S.C.R. 944 · 2020 INSC 210

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Summary

The Supreme Court set aside orders fixing court-fee valuation of suits cancelling sale deeds by reference to stamp-duty circle rates. Under the applicable U.P. amendment, the statutory definition deemed immovable-property value to be computed by the specified methods, including revenue-based valuation where applicable. The plaintiff was not required to prove its revenue-paying-land claim at filing. Correct valuation on the pleaded basis remained an issue for trial.

Issues

  1. Whether stamp-duty circle rates could displace the statutory valuation method for cancellation suits.
  2. Whether the plaintiff had to prove the pleaded revenue basis of valuation when filing suit.

Provisions considered

Held

Result

Appeals allowed; High Court and trial court valuation orders set aside. Correct revenue-based valuation left as an issue for trial. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 944.