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2018 Supreme(Raj) 1135

PUSHPENDRA SINGH BHATI
Dhala Ram Mali – Appellant
Versus
Kalu Singh Gehlot – Respondent


Advocates Appeared:
For the Appellant :Mr. H.S. Kachchhawaha, Advocate
For the Respondent:Mr. J. Gehlot, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a suit for declaration and consequential injunction regarding immovable property, which falls under Section 24(b) of the Rajasthan Court Fees and Suits Valuation Act, 1961. The court fee should be computed on one-half of the market value of the property, with a minimum fee of twenty rupees (!) (!) .

  2. The determination of the market value for such suits is governed by Section 7(2) of the Act, which prescribes that the market value is to be calculated as twenty-five times the rent rate sanctioned during the last settlement, or for similar land in the neighborhood if rent has not been settled (!) (!) (!) .

  3. The court below initially decided the market value based on the DLC rate, which is not in accordance with the statutory mode of calculation prescribed by Section 7(2) of the Act. Therefore, this order is subject to being set aside (!) (!) (!) (!) .

  4. The plea of concealment of relevant order is not sustainable, as the pleadings made by the counsel indicate awareness of the dispute and the applicable provisions (!) .

  5. The court emphasizes that the statute itself prescribes the method for determining market value, and any deviation from this method, such as using DLC rates, is not legally sustainable (!) (!) (!) .

  6. The petition is allowed, the impugned order is quashed, and the court below is directed to determine the market value strictly in accordance with the provisions of Section 7(2) of the Act (!) .

Please let me know if you require further analysis or assistance.


ORDER :

Pushpendra Singh Bhati, J.

Learned counsel for the petitioner has stated that impugned order has been passed for calculation of the Court fee in accordance with Section 24 (b) of the Rajasthan Court Fees and Suits Valuation Act, 1961 at the current DLC rate of the property. Learned counsel for the petitioner has pointed out that the Act of 1961 for the purpose of determination of the market value for particularly suits falling under Clause (a) and (b) of Section 24 of the Act of 1961 prescribe for a proper modus-operandi under Section 7 sub-section 2 Clause (a) and (b) of the Act of 1961.

2. In support of above contention, learned counsel for the petitioner has relied upon the judgment passed by a coordinate Bench of this Court in Amrit Lal & Ors. v. Heera Ram & Anr. (S.B. Civil Revision Petition No. 39/2016), decided on 18.05.2016. The relevant portion of this judgment reads as follows:-

"Admittedly, the plaintiffs are not the executants of the sale deed in question and, therefore, relief of declaration sought by them is justified in the circumstances of the case. Once the suit is for declaration, provisions of section 24 of the Court Fees Act would come in picture, wherein, t












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