State Of Haryana & Ors vs Manoj Kumar

4. Brief facts which are necessary to dispose of this appeal are as under:-

5. On 10.11.1999, an agreement to sell a commercial plot measuring 788 sq.yards located on Delhi-Mathura Mewla Maharajpur, Faridabad was executed by Smt. Manjula Gulati in favour of respondent, Manoj Kumar. The entire sale consideration was paid and the actual possession was also given, but the sale deed was not executed till 9.2.2001.

6. According to the appellants, in order to evade substantial stamp duty, the respondent filed a suit, without impleading the appellants as parties to the suit, for specific performance of agreement to sell dated 10.11.1999 executed by Smt. Gulati for the sale of property measuring 788 sq.yards for a total consideration of Rs.1,95,000/-. The suit was promptly decreed in favour of the respondent by the Civil Judge (Junior Division), Faridabad. The suit as a matter of fact was filed on 3 14.9.2000 and decreed on 9.2.2001 and no further appeal was filed which clearly indicated that the suit was filed between the parties only with the purpose to evade the substantial stamp duty. The court directed its Reader to execute the decree and get the sale deed registered in favour of the respondent. The Reader of the court at the court's direction appeared before the Sub Registrar on 9.2.2001 and got the sale deed registered in favour of the respondent for the property for a sale consideration of Rs.2,00,000/-. According to the appellants, the court decree was obtained by concealing the material facts in order to evade the actual payable stamp duty.

7. According to the appellants, the Joint Sub Registrar, Faridabad made a report that the sale deed executed on 9.2.2001 by respondent Manoj Kumar and the owner Manjula Gulati was under-valued. According to him, no sale deed can be registered for an amount which is less than the amount fixed by the collector or the circle rate (Rs.4,200/- per Sq.Yard).

8. The total value of the land at the rate of Rs.4,200/- per Sq.Yard works out to be Rs.33,09,600/-. On that amount, 4 the stamp duty registration charges of the sale deed payable would be Rs.5,13,050/-. In the instant case, the respondent has only paid Rs.31,000/- towards the stamp duty which was obviously under-valued.

9. The District Collector, Faridabad in his order directed the respondent to make payment of difference of the amount of stamp duty amounting to Rs.4,82,050/-.

13. The respondent aggrieved by the said order of the District Collector filed an appeal before the Commissioner, Gurgaon 6 Division, Gurgaon (Haryana) challenging the order dated 6.12.2005. The Commissioner by order dated 8.6.2007 dismissed the appeal by holding that the Collector rate or circle rate prescribed for sale of land in village Mewla Maharajpur of commercial nature was Rs.4,200/- per sq.yard and the respondent was directed to pay the balance amount of stamp duty.

18. The appellants were not parties in the first place in the said suit and, therefore, either in law or on facts could not be bound by such a decree hence, such observation and finding on the fact of it is illegal and liable to set aside.

29. This court over 50 years has been consistently observing that limited jurisdiction of the High Court under Article 227 cannot be exercised by interfering with the findings of fact and set aside the judgments of the courts below on merit.

30. According to the appellants, the High Court was not justified in interfering with the findings of fact of the courts below. Consequently, the impugned judgment of the High Court is totally unsustainable.

41. This order was upheld by the Commissioner. The High Court while exercising its jurisdiction under Article 227 has 17 set aside the orders passed by the District Collector, Faridabad and upheld by the Commissioner, Gurgaon without any basis or rationale. Apart from the jurisdiction, even what is factually stated in the order of the District Collector, Faridabad as upheld by the Commissioner, Gurgaon is unexceptionable and any interference was totally unwarranted.

42. In the facts and circumstances of the case, the impugned judgment of the High Court cannot be sustained and is accordingly set aside and the order passed by the District Collector, Faridabad which was upheld by the Commissioner, Gurgaon is restored. The respondent is directed to pay the balance stamp duty within four weeks from the date of this judgment, otherwise the appellants would be at liberty to take appropriate steps in accordance with law.

43. The appeal is allowed and disposed of. The parties are directed to bear their respective costs.

March 9, 2010