NAVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In a suo motu enquiry undertaken by the Collector under Section 47-A of the Registration Act, the Collector demanded additional stamps as payable by taking the value of the property as per Collector's rates on the date of registration and refusing to allow the date of execution of the agreement of sale as the relevant date for determining the value of the property. The Collector, while rejecting the plea of the petitioner that the value of the property was what was stated in the Sale Deed which was in pursuance of a decree for specific performance, relied on the judgment of the Hon'ble Supreme Court in State of Rajasthan and others v. M/s Khandaka Jain Jewellers, 2008 AIR(SC) 509 to hold that the valuation shall be taken only as on date of registration.

(2.) The learned counsel argues that this Court has consistently taken a view that whenever a decree is obtained for specific performance for sale of an immovable property, the value of the property as stated in the decree alone shall be treated as relevant and the Collector's valuation as on date of registration is not relevant. He would also contend that the market value itself will be calculated only on the basis of what is struck as a bargain between parties and the Collector's circle rate cannot afford such a basis.

(3.) The counsel relies on the decision reported in Manoj Kumar v. State of Haryna and others,2008 2 150 PLR 84, where the Division Bench has held that a price given in the Transfer Deed in a decree for specific performance ought to be accepted by the Registering Authority without doubting the authenticity of sale consideration, because the authenticity of a decree passed by a Court itself cannot be questioned. The reference to this judgment is inappropriate, since the Hon'ble Supreme Court has expressly set aside the judgment and has held it to not lay down the correct law in State of Haryana and others v. Manoj Kumar, 2010 AIR(SC) 1779. This judgment emphatically lays down the effect of valuation as given in decree for specific performance cannot overrule the valuation as given in the circle rates.