COLLERCTOR AND DISTRICT REGISTER REGISTRATION AND STAMPS DEPT Vs. A MAHITA
LAWS(APH)-2004-8-94
HIGH COURT OF ANDHRA PRADESH
Decided on August 10,2004

COLLECTOR AND DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, HYDERABAD Appellant
VERSUS
A.MAHITA Respondents

JUDGEMENT

- (1.) This revision is filed against the order, dated 23-12-1999, passed by the Chief Judge, City Civil Court, Hyderabad, in C.M.A. No.l83 of 1998.
(2.) Respondents 1 and 2 purchased an extent of 73 square yards of land with a dilapidated house in a slum area in Chikkadapally. They presented the document for registration in the year 1998. It was their case that the agreement of sale was executed in 1989 and on account of the non-co-operation of the vendor, the registration could not take place immediately. The consideration for the transaction was shown as Rs.2,00,000/-. Respondents 1 and 2 paid the stamp duty and registration charges of Rs.27,280/-. The Sub-Registrar, Chikkadapally, raised an objection as to the valuation of the property and referred the matter under Section 47-A of the Indian Stamp Act, 1899, to the District Collector. Through his order, dated 21-5-1998, the District Collector, held that the value of the property arrived at Rs.8,000/- per square yard, together with structure therein comes to Rs. 6,73,000/-, and that the stamp duty payable is Rs.91,175/-. Respondents 1 and 2 were directed to pay the deficit stamp duty and registration charges of Rs.63,895/-. Aggrieved thereby, Respondents 1 and 2 filed the C.M.A. before the learned Chief Judge, City Civil Court. Hyderabad. The appeal was allowed.
(3.) Learned Government Pleader for Arbitration submits that the transaction has taken place in the year 1999 and the value of the property of comparable areas is Rs.8,000/- per square yard. It is contended that the lower Appellate Court did not state proper reasons to ignore the facts and figures furnished by the Collector in his order.;


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