- (1.) The unsuccessful attempt to challenge a preliminary decree after two years having failed. The unsuccessful co-sharers during consideration of the Commissioner's report by this Court urged oral partition of the rents amongst the two distinct groups of legal heirs of Mallu Ram Sonkar which again is inconsistent with the stand taken by the objectors before the Commissioner of Partition. The report of the Commissioner of Partition at page 18 of the Commissioner's report records the objections of the defendant nos.1 and 2. Nowhere in the said report it appears that any such plea was taken before the Commissioner. The objector does not say that the Commissioner has failed to record such submission although it was made during commission. The only objection appears to have been taken in the said affidavit affirmed on 26th September, 2016 is that the method used for arriving at such valuation is not in parity with the fair market value of any other premises in this area. The objector has failed to demonstrate in what respect the valuation made by the Chartered Valuer is erroneous or would be prejudicial to the interest of the objector. The objector has also not produced any other valuation report by any other Chartered Valuer to show that the basis of valuation made by the valuer is erroneous or no objective assessment was made with regard to the property in question.
(2.) The objector has relied upon a copy of determination of market value of the said premises downloaded from the website of the Directorate of Registration and Stamp Revenue. In support of this document, it is submitted that the assessment of the valuation of the floors of the building is unrealistic. The document relied upon by the defendant no.1 merely give the total floor area and stated a market value of Rs.2,27,49,255/-. The said report cannot be taken into consideration as conclusive as the said valuation was made for the purpose of stamp duty and registration without taking into consideration the age of the building, its location and encumbrance attached to the said building.
(3.) I have gone through the valuation report prepared by the Chartered Valuer. It is a detailed report in which all the factors including the location, encumbrance and age of the property was taken into consideration. The allegations made in the opposition are fanciful and has remained unsubstantiated. Under such circumstances, the objection to the Commissioner's report is rejected. The report of the Commissioner is accepted. Under such circumstances, there shall be an order in terms of prayer (d) of the application. The Commissioner shall make allocation in terms of the final decree within a period of eight weeks from date. The department is directed to draw up the decree as expeditiously as possible. The application being GA No.397 of 2016 is, accordingly, disposed of. ;