JUDGMENT

[VIA HYBRID MODE]

SANJEEV NARULA, J. (Oral):

I.A. 1573/2021 (for determination of true value of the suit property for the purpose of payment of Court fee filed by the Petitioner u/s. 151 of the CPC, r/w Section 19H of the Court Fees Act, 1870 & Chapter 29 of the Delhi High Court (Original Side) Rules, 2018)

1. By way of the instant application, the Petitioner seeks determination of the ‘true value’ of the property bearing No. H-7, Maharani Bagh, New Delhi [hereinafter referred to as, ‘the suit property’] for payment of court fee for grant of probate of a Will dated 8th July, 2008.

BRIEFFACTS

2. Before dealing with the contentions of the parties, it is apposite to briefly note the relevant facts necessary for the purpose of deciding the instant application, which are noted below:

2.1. In order to obtain the probate certificate, the Petitioner was obliged to pay the requisite court fees in compliance with Article 11 of Schedule I of the Court Fees Act, 1870 [hereinafter referred to as the ‘Act’] as applicable to Delhi. In the instant case, court fee is payable at the rate of 4% of the value of the property in respect of which the grant of probate has been made.

2.2. A valuation report dated 14th February, 2019 was issued by the Assistant Collector, Grade - I, Sub Division (Defence Colony), District South-East, New Delhi, in compliance of Order dated 21st February, 2019. In terms thereof, the value of the suit property has been fixed as Rs. 53,07,89,472/-.

2.3. The Valuation Report is based on a notification dated 22nd September, 2014 issued under Rule 4 of the Delhi Stamp (Prevention of Under Valuation of Instruments) Rules, 2007 [hereinafter referred to as ‘Delhi Stamp Rules’], for facilitation of minimum circle rates of valuation of land and property, issued by the revenue department of the Government of National Capital Territory of Delhi [hereinafter referred to as ‘GNCTD’].

2.4. Aggrieved by the aforenoted valuation, the Petitioner filed an application before this court on 8th November 2019 [being I.A. No.

15785/2019], praying for the following reliefs:

1. “Direct the Asst.Collector Gr.1, Sub Division(Defence Colony)Distt.

South-East, New Delhi to call for particulars of the sale executed within the last year of comparable properties in the same vicinity of thesubject property.

2. Direct the Asst. Collector Gr.1, Sub Division (Defence Colony) Distt.

South-East, New Delhi to hear the petitioner and take the material producedbythepetitioner/counsel,onrecord.

3. Direct the Asst. Collector Gr.1, Sub Division (Defence Colony) Distt.

South-East, New Delhi to determine the 'value of the property' in accordance with the law and upon consideration of the material produced by the petitioner and the sale deeds of comparable instances calledfor.”

2.5. In its order dated 14th November 2019, the Court considered this application, granted probate, and disposed of the petition. It was inter alia observed as under:

“11. The petition is thus disposed of, directing probate to be issued to the petitioner of the document dated 8th July, 2008 Ex.PW1/A as the validly executed last Will of the deceased Savitri Luthra, wife of Late Lajpal Luthra, ordinary resident of H-7, Maharani Bagh, New Delhi, subject to the petitioner depositing the requisite stamp duty and furnishing an administrative bond of the value of the property with one suretyof thelikeamount.

12. In accordance with the dicta of the Division Bench of this Court in Manu Narang Vs. The Lt. Governor, Govt. of NCT of Delhi (2016) 226 DLT 1 and Amit Gupta Vs. Govt. of NCT of Delhi (2016) 229 DLT 385, the petitioner has to be given an opportunity to prove before the Court by adducing evidence, that the valuation of the property is less than the valuation reported by the respondent State accordingtothecirclerate.”

2.6. In compliance of the aforenoted order, the Petitioner filed his own affidavit, and also of one by Mr. Birender Prasad Singh (Approved Valuer) and Mr. Aditya Gupta (Property Dealer).

2.7. T