SUB REGISTRAR VALLABH NAGAR HYD Vs. ANNAPURNA BUILDERS

JUDGEMENT

(1.) Heard the Government Pleader and also Sri Vilas V. AFzulpurkar, the learned Counsel representing the respective parties.

(2.) The revision petition is filed by the revision petitioner as against the order dated 13-10-1998 made in CMA No.235 of 1995 on the file of the Chief Judge, City Civil Court, Hyderabad.

(3.) The facts in brief are that the 1st respondent entered into an agreement of sale dated 19-11-1984, which is a registered agreement of sale. As per the proceedings of the Special Officer and Competent Authority, Urban Land Ceiling dated 2-12-1992 several structures were noted to be in existence even on the date of agreement of sale and the 1st respondent presented the document for registration on 19-8-1993 at the Sub-Registrar, Vallabhnagar. The 1st revision petitioner had inspected the land on 20-7-1995 and assessed a particular market value and accordingly had assessed the stamp duty and registration fee to be payable and it was detected that there is deficit and therefore he came to the conclusion that the document is under valued and referred the same to Collector under Section 47-A of the Indian Stamp Act (for short 'the Act') for adjudication and on receipt of reference and in view of the representation filed by the purchasers of the inspected land and taking into consideration the structures that existed on the date of agreement of sale, the Collector had fixed the market value as on the date of execution of the sale deed and after assessment the market value, he had directed the payment of deficit stamp duty of Rs.9,94,720/- and deposit TPT of Rs.6,15,475/- and aggrieved by the said order of the Collector, the 1st respondent filed CMA 235 of 1995 on the file of the Chief Judge, City Civil Courts, Hyderabad who allowed the same on 13-10-1998 and ordered the registering authority to register the document and hand over the same to the purchasers. As against the said order, the present revision petition is filed by the respondents in CMA No.235 of 1995.