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1997 Supreme(All) 1442

J.C.GUPTA, G.P.MATHUR, KUNDAN SINGH
GIRJESH KUMAR SRIVASTAVA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Prabodh Gaur, RAJIV JOSHI

G. P. MATHUR, J.

( 1 ) THIS is a reference by the Additional Commissioner (Administration), Agra in his capacity as Chief Controlling Revenue Authority under Section 57 of the Indian Stamps Act (hereinafter referred to as the Act ).

( 2 ) THE relevant facts are that Smt. Chandra Prabha Sharma executed a sale deed of a house in favour of the applicants Girjesh Kumar Srivastava and his wife Smt. Surya Kumari on 1/01/1989 for a consideration of Rs. 1,05,000. 00. A stamp duty of Rs. 15,225. 00 was paid and the sale deed was registered in the office of Sub-Registrar Mathura, on 1/02/1989. The instrument (Sale deed) was inspected by the Assistant Inspector General of Registration in his capacity as Assistant Commissioner (Stamps) on 30/06/1992. He was of the opinion that the property had been under valued, and accordingly a reference was made to the District Registrar by the Sub-Registrar on 8/08/1992. The Additional District Magistrate (Finance and Revenue) in his capacity as Collector, issued notice to the applicants (Girjesh Kumar Srivastava and Smt. Surya Kumari) on 26/05/1993 and directed the Tehsildar to submit a report on the valuation of the property. The applicants submitted a r































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