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2006 Supreme(Mad) 480

S.ASHOK KUMAR
Sub-Registrar, Adyar, Chennai – Appellant
Versus
Canara Bank, Saidapet Branch, represented by its Principal Officer and Senior Manager & Others – Respondent


Advocates Appeared: For the Appellant:A.L. Somayaji, Additional Advocate-General. For the Respondents:Habibullah Basha, Senior Counsel, G. Ezhilarasan, M. Balachander, Advocates.

Judgment :-

This application has been filed by the Sub Registrar of Adyar contending as follows:

(i) The applicant is a third party and not a party in the Civil Suit which ended in compromise. As per the Memorandum of Compromise Decree ordered by this Court on 22.3.2005 in Kottivakkarn Revenue Village comprised in S. Nos. 281/2,4 and 6, 1 acre 93 cents in para 12 of the order it is stated that "Sale consideration at the rate of Rs. 72, 00, 000/- per acre which in the circumstances of the case is fair consideration taking into account" and in para 19 of the order "Sub-Registrar of Adyar, shall obey the order and register the Sale deed executed by the parties and presented on 14.6.2005.

(ii) The value fixed per acre by this Court comes to about Rs. 72 lakhs for which only the parties have paid the stamp duty. But the present value of the suit property will be 10 times than the value made in the compromise decree. Hence it is very essential to verify as to whether the fair consideration value has to be taken into consideration or whether the value as fixed by this Court in the compromise decree has to be accepted while calculating the stamp duty.

(iii) The sale consideration value does



















































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