M VENKATAMUNI Vs. A ERRABBA MANDADI

JUDGEMENT

(1.) JUDGMENT This civil revision petition is filed by the revision petitioners-judgment debtors in O.E.P.No.309/98 in O.S.No.764/ 94 on the file of I Additional Junior Civil Judge, Chittoor.

(2.) The respondent in the Civil Revision Petition is the Decree-holder. The petitioners had filed the present Civil Revision Petition aggrieved by an order dated 27-9-2000 made in E.P.No.309/98 in O.S.No.764/94 on the file of I Additional Junior Civil Judge, Chittoor for settlement of terms which in fact was made in pursuance of the order dated 25-9-2000, which reads as follows:- "The petitioner valued the E.P. schedule properties at Rs.32,000/- whereas the respondents alleged its value at Rs.11,40,000/- basing upon a market value certificate issued by the Sub-Registrar concerned. The Amin of the Court who visited the E.P. schedule properties, valued the same in the presence of the village elders at Rs.67,000/- though they filed a market value certificate issued by the authority concerned the same is not binding on the ground for the reason that the said market value certificate also contains a further certificate by issuing authority to effect that the valuation thereof was made on the basis particulars furnished by the party itself, and that the genuineness of the said particulars as not been verified by the said authority. Therefore market value certificate is of the use to the case of the respondents as it is self serving document. Besides the above, the valuation made by the Amin on the above said rate which is done in the presence of village elders who are third parties being disinterested in the result of the litigation, can be taken as the correct valuation of the property. Hence the upset price of the E.P. schedule properties is fixed at Rs.67,000/-.

(3.) Heard both the Counsel.