MADHUSUDAN DWARKADAS VORA Vs. SUPERINTENDENT OF STAMPS

JUDGEMENT

(1.) The petitioner has filed a petition in this Court for probate of the last will and testament of his father, Dwarkadas Hargovandas Vora, who died on 29th December, 1979. The Petitioner has annexed to the petition a Schedule of the late Dwarkadass assets. Item No. 21 thereof relates to a 1/2 share in a self-occupied house property at Kallol, Plot No. B-9, Kapole Society, Juhu-Vile-Parle, Bombay-59. It is valued at Rs. 1,64,000/- in the Schedule. This has been found to be an under valuation by the Collector and Superintendent of Stamps, Bombay, who has sent to the Prothonotary and Senior Master a valuation, made by the Assistant Director of Town Planning, Bombay City Survey and Land Records, in the sum of Rs. 3,70,787.00. This valuation has been made on the land-plus-building method. The petitioner having field his objection, an enquiry has to be held under the provisions of section 28(5) of the Bombay Court Fees Act, 1959.

(2.) Ordinarily, the matter would forthwith have been referred to the Prothonotary and Senior Master for holding the enquiry. Mr. Seervai, learned Counsel for the petitioner, has, however, contended that a question of principle should first be decided by the Court, namely, whether the property should be valued on the basis of the rental method as suggested by him or the land and building method as suggested by the Superintendent of Stamps.

(3.) The other half-share in the property is owned by the petitioner. The property consists of a bungalow of a ground and one upper floor. There is unutilised surplus land surrounding it measuring 454 Sq. Yds.