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Supreme Court of India 2020-02-19 allowed

AGRA DIOCESAN TRUST ASSOCIATION vs ANIL DAVID

Bench: 3 — Rohinton Fali Nariman, S. Ravindra Bhat, V. Ramasubramanian

In Brief

The Supreme Court examined whether suits for cancellation of sale deeds were properly valued for court fee payment. The plaintiff valued the suits at 30 times the land revenue (₹3,000) under Section 7(iv-A) of the Court Fees Act, but the trial court and High Court held the suits under-valued, relying on the Collector's circle rate (around ₹11-12 crore). The Supreme Court held that the Explanation to Section 7(iv-A) permits alternative valuation methods—including revenue-based multiples—and the plaintiff need not prove revenue payable at filing. Whether the land is revenue-paying and its correct market value are issues for trial, not preliminary objections, making the circle rate non-conclusive.

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Court Fees Civil Procedure Valuation of Suits Cancellation of Deeds Real Property

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