LAWS(ORI)-2013-10-20

SIVA PRASAD AICH Vs. UNITED LEASING COMPANY

Decided On October 30, 2013
Siva Prasad Aich Appellant
V/S
United Leasing Company Respondents

JUDGEMENT

(1.) The plaintiffs in Civil Suit No.4 of 2008 of the court of Civil Judge (S.D.), Jajpur Road have assailed the order dated 21.06.2013 passed by the said court giving direction to the plaintiffs to value the suit as per the market rate and pay ad valorem court fee thereon.

(2.) The plaintiffs-petitioners filed a suit to declare communal right over the suit land alleging that the same has been used by the community for different purposes like grazing, cremation, path etc, though the suit land has been recorded in the name of the defendants-opposite parties. The suit was presented and the same was valued at Rs.15,000/- for the purpose of court fee and jurisdiction. It was admitted. The defendants appeared and filed written statement. They did not challenge the valuation of the suit in written statement. Consequently, no issues were cast regarding the valuation of the suit.

(3.) Thereafter, the parties led evidence. After closure of evidence, at the stage of final arguments, the learned Civil Judge (S.D.), Jajpur Road has passed the order to value the suit as per the market rate of the land in question. While passing the order impugned, the learned Civil Judge (S.D.) has taken into consideration the valuation report submitted by the Sub-Registrar, Dolipur, which reveals that plot nos.330 and 331 were valued @ Rs.25,000/- per acre, Rs.9,75,000/- for plot nos.330 & 331 measuring Ac.0.39 decimals. The valuation of plot no.298 is Rs.3,75,000/- for Ac.1.50 decimals, which is valued at Rs.2,50,000/-. The valuation of plot no.43/2407 is Rs.5,00,000/- per acre but the area of the suit plot no.43/2407 is Ac.0.30 decimals and its valuation is Rs.1,50,000/-. On the valuation report furnished by the Sub- Registrar, Dolipur for the aforesaid four plots measuring an area of Ac.2.19 decimals values up to Rs.15,00,000/- as per valuation report, the learned Civil Judge (S.D.) has passed the order impugned. The Sub-Registrar, Dolipur has not furnished the valuation of rest Ac.24.94 decimals of land as the same is not available in the office. Thereafter, learned Civil Judge (S.D.) taken into consideration the fact that P.W.1 in cross-examination has admitted that the value of the suit land will be fifteen crores as per the market rate and he has again admitted that the Government valuation of the suit in 2008 was ten crores for 27 acres of land and they have valued the suit land at Rs.15,000/-, which is not true and void. Therefore, the aforesaid impugned order has been passed.