Calcutta High Court (Appellete Side)
Sri Anil Kumar Jana vs Hitesh Maity & Anr on 23 August, 2023
23.08.2023.
Item No. 2.
Court No. 13
ap
F.A. No. 34 of 2011
With
I.A. No. CAN 5 of 2022
Sri Anil Kumar Jana
Versus
Hitesh Maity & Anr.
(Sri Ramkrishna Maity since deceased)
Mr. Sourav Sen,
Ms. Rita Patra,
Ms. Pusmita Das.
...For the appellant.
Mr. Chandradoy Roy,
Mr. Avijit Chakraborty.
...For the respondents.
1. Although initially the learned Counsel for the
appellant, Mr. Sourav Sen, requested this Court to
reduce the amount of Rs.12.5 lakhs. This Court has
declined to do so.
2. Thereafter, Mr. Sourav Sen, after consulting
with his client agreed to pay Rs.12.5 lakhs as total
consideration for purchase and registration of the suit
property. The sum of Rs.1.2 lakhs, already paid by the
appellant, shall stand deducted from the amount of
Rs.12.5 lakhs and shall become payable in the name
of Gita Rani Maity, the first substituted respondent.
3. This Court has fixed a sum of Rs.12.5 lakhs
increased from the original agreed consideration of
Rs.2,00,000/- for the suit property for the following
reasons:
(i) This Court is satisfied that the appellant
was entitled to a decree for specific performance
of the agreement dated 20th November, 1995.
(ii) This Court was equally satisfied that the
Court below had committed error in dismissing
the suit;
(iii) The current market value of the suit
property about Rs.19,00,000/-. It would be unfair
to ask the respondents to receive only the original
sum of Rs.2,00,000/- being the consideration
amount in the year 1995 after 28 years now.
4. This Court has found the total consideration
increased to Rs.12.5 lakhs from Rs.2 lakhs, is a fair
compensation to the respondents and a fair
assessment of value of the property in the facts and
circumstances of this case as on date.
5. The appellant shall pay the balance sum of
Rs.11.30 lakhs by 29th August, 2023 mandatorily and
positively. Upon payment of the said sum by the time
indicated above, the respondents shall register a
conveyance of the suit property in favour of the
appellant.
6. In so far as paragraph 2 of the order dated 21 st
August, 2023 is concerned, i.e. the computation of
stamp duty payable on the property in question, it is
clarified that the Registrar of Assurance, Kolkata shall
assess the stamp duty on the current sum of Rs.12.5
lakhs being the assessed value of the property as on
date in terms of the directions of this Court.
Applicable registration charges shall, however, be paid
in accordance with law.
7. It is made absolutely clear that there shall be no
penalty or any other levy imposed on the appellant for
registration of the aforesaid conveyance, for the
following reasons:
(a) The appellant did not deprive the State of
stamp duty since he purchased stamp worth of
Rs.14,000/- in the year 1996 being 7% of the
value of the property, and the stamp paper has
been exhibited in the Court below.
(b) The State has had the user of the said
sum of Rs.14,000/- since the year 1996.
8. This Court, in the facts of the case, therefore,
does not find the need of any penalty to be imposed on
the appellant for non-registration of the original
agreement of sale dated 20th November, 1995.
9. It is ordered that the respondents shall complete
the registration if the aforesaid order of payment is
complied with and formalities are completed by the
appellant on 5th September, 2023.
10. The demand draft/pay order in favour of Gita
Rani Maity shall be delivered to the learned Advocate-
on-record of the respondents, Mr. Avijit Chakraborty
at premises being Room No. 61, 6, Old Post Office
Street, Kolkata - 700 001.
11. With the aforesaid directions, the impugned
judgment and decree dated 26th April 2010 the learned
Court below shall be set aside.
12. Let this decree be drawn up as expeditiously as
possible.
13. All exhibits filed in Court in aid of the suit are
permitted to be withdrawn upon furnishing photostat
copies of the same.
14. In view of the above, F.A. No. 34 of 2011 shall
stand disposed of. Consequently, the connected
application being CAN 5 of 2022 shall also stand
disposed of.
15. Let the Lower Court's Records be sent down to
the Court below expeditiously.
16. There will be no order as to costs.
17. All parties, Registering Authority and the
Collector shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
(Supratim Bhattacharya, J.)
