STATE OF MADHYA PRADESH Vs. RAMBABU AGRAWAL

JUDGEMENT

(1.) This appeal is filed by the appellants-State challenging the judgment delivered by the Single Bench in Writ Petition No. 1165/2002 decided on 29-1-2003.

(2.) Brief facts of the case are that respondent Rambabu Agrawal had filed a civil suit for specific performance of contract. Suit was decreed and the Court directed the defendant to execute the sale-deed of the property at Rs. 50,000/-. Sale-deed was executed through Court for a consideration of Rs. 50,000/-. The sale-deed was presented for registration valuing the property at Rs. 50,000/- and stamp duty was paid accordingly. Sale-deed was presented before the Registrar. Registrar without registering the document wrote a note that market value of the property is less than the market value fixed, and referred the matter to the District Registrar and Collector of Stamps, Gwalior under Section 47-A(l) of the Indian Stamp Act, 1899. Collector of Stamps issued notice for the purpose of assessing the market value of the property in question and for payment of stamp duty accordingly. Respondent filed a writ petition challenging the action of the Collector of Stamps praying therein that in this case question of referring the dispute does not arise as the property was agreed to be sold long back and stamp duty is paid on the market value existing on the date of agreement. Show cause notice was issued to the respondent (petitioner before the writ Court) for determining proper stamp duty. Single Bench issued notices to show cause and decided the petition after hearing both the parties. Single Bench has held that for the purposes of assessing the value of the property on the basis of agreement for sale, executed in pursuance to a decree of the Civil Court, the market value should be the date on which agreement in question was entered into. After recording this finding, Single Bench directed the petitioner (respondent herein) to raise objections before the Collector of Stamps and the Authority concerned shall value the property taking note of the fact that the agreement to sale was executed in the year 1984 and shall decide the dispute in accordance with the law laid down in the cases referred in the judgment.

(3.) Learned Additional Advocate General appearing for the appellants-State submitted that the market value of the property is to be determined on the date when the document was presented for registration. He submitted that the language of Sections 47-A(l), (1-A) and (2) of the Indian Stamp Act, 1899 (hereinafter, referred to as the "Act") is clear and without any ambiguity. He further submitted that the Single Bench judgment of Andhra Pradesh High Court in the case of Sub-Registrar, Kodad Town and Mandal v. Amaranaini China Venkata Rao, AIR 1998 AP 252 has been overruled by the Division Bench of that High Court. Learned counsel for the State submitted that the Single Bench has relied upon the Single Bench judgments of the Andhra Pradesh High Court and Patna High Court in the cases of Sub-Registrar, Kodad Town and Mandal supra and Smt. Shanti Devi Prasad v. State of Bihar, AIR 2001 Patna 161 respectively. He submitted that the law is not laid down in the light of the amendment in the Stamp Act and it should be held that respondent is liable to pay the stamp duty on the market value of the property on the date of presentation of the sale-deed.