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february 2020

Supreme Court of India · 2020-02-19

Agra Diocesan Trust Association vs Anil David

Citation / case number
AIR 2020 SUPREME COURT 1372
Court
Supreme Court of India
Petitioner
Agra Diocesan Trust Association
Respondent
Anil David
Author
S. Ravindra Bhat
Bench
S. Ravindra Bhat, M. R. Shah, Arun Mishra

Judgment text excerpt

The Supreme Court held that under Section 7(iv-A) of the Court Fees Act, 1870, the valuation of a suit concerning agricultural land must be based on the revenue payable as fixed by the state government, rather than the circle rate determined by the collector. The Court found that the High Court erred in relying solely on the circle rate for determining market value for court fees, emphasizing that the plaintiff, being a stranger to the sale deed, should pay court fees based on the revenue. The Court allowed the appeal, setting aside the High Court's judgment and directing the trial court to reassess the court fee based on the correct valuation.

Agra Diocesan Trust Association vs Anil David · Niyam