PRALAY DUTTA Vs. ALI AFSAR

JUDGEMENT

(1.) This application is at the instance of the plaintiffs and is directed against the order dated July 25, 2011 passed by the learned Civil Judge (Senior Division), 5th Court, Alipore in Title Suit No.5 of 2005 thereby directing the plaintiffs to deposit the stamp duty, impound fee as per report within 7 days. Being aggrieved, this application has been preferred.

(2.) The short fact is that the plaintiffs instituted a suit being Title Suit No.5 of 2005 before the learned Civil Judge (Senior Division), 5th Court, Alipore for declaration, specific performance of contract, permanent injunction and other reliefs. The defendants / opposite parties are herein contesting the said suit. Both the parties have adduced evidence. At the time of adducing evidence by the plaintiffs, the deed of agreement was marked Exhibit No.1 subject to realisation of the stamp duty within a certain period. Thereafter, the learned Trial Judge called for a report from the Collector, South 24 Parganas and the report lays down that the valuation of the property is to the tune of Rs.4 crore and odd. The plaintiffs were directed to pay the stamp duty, impound fee etc. over the said document within seven days. Being aggrieved by that order, this application has been preferred.

(3.) Upon hearing the learned counsel for the parties and on going through the materials on record, I find that as per agreement, the valuation of the suit property has been assessed at Rs.21 lakh only. Anyway, the learned Trial Judge is at liberty to assess the valuation afresh, if he thinks it fit and proper. Such a recourse was adopted and the Collector, South 24 Parganas submitted the valuation report to the tune of Rs.4 crore 3 lakh and odd. Such report is appearing at page no.40 of the application.