GAURAV Vs. LEELA

JUDGEMENT

(1.) Heard Mr. Kothari, learned counsel for the petitioners and Mr. Chaudhary, learned counsel holding for Mr. Chauhan, learned counsel for the respondent Nos. 2 to 6.

(2.) The petition seeks to challenge the order passed below Exh. 15 dtd. 26/10/2021 (page 110) filed by the petitioners/defendants under Sec. 8 of the Bombay Court Fees Act, 1959, raising a plea that the claim in the suit has to be valued at Rs.2,20,12,000.00 which is the value of the agreement for development dtd. 17/2/2004. The learned Trial Court has rejected the said application on the ground that the property appears to be agricultural land, and therefore, the valuation is correct.

(3.) Mr. Kothari, learned counsel for the petitioners submits, that even if it is presumed that the suit property is agricultural land, however when the agreement for development indicates the value of the property as Rs.2,20,12,000.00 on which stamp duty has been paid it has to be valued appropriately.