Final Order 4

Order Details: COPY OF ORDER
Pdf Text: RCA DJ no.35/23
HEERA WATI Vs. S.D.M. SEELAMPUR
19.01.2024
Present: Sh. Upender Kumar, SPA for the appellant.
Sh. Ankit Gupta, Advocate for defendant no.1 and 2
along with Sub Registrar Ms. Rajni Gupta.
Heard on the ground of delay.
In this case there is delay in filing of appeal, but
keeping in view all the facts, delay is condoned.
The only issue before this court is whether the
property in dispute for which the sale deed was tendered for
registration is a flat or floor.
Learned counsel for the appellant submitted that in
this case, SDM has called for report and visited the plot and in
his report dated 25.08.2023 has mentioned that it is a flat due to
which collection mistake has taken place, however, all other facts
are admitted that it is situated on the first floor of plot measuring
40 sq. yards bearing property no.F-70/2-B, forming part of
Khasra no.451, village Ghonda, Gujran Khadar.
Learned counsel for the appellant submitted that in
view of the facts which have come on record that it is only the
first floor of the property measuring 40 sq. yards, it should have
been valued as floor instead of flat, but the mistake perhaps
occurred only due to this report.
Keeping in view these facts, order of the Stamp
Collector/SDM with respect to imposing cost on the deficient
stamp duty is set-aside.
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File is remanded back with the direction to
reconsider the same and decide afresh.
Copy of the order be sent to the Ld. SDM for
information and necessary compliance.
Appeal is accordingly disposed of.
File be consigned to the Record Room.
(V. K. BANSAL)
Principal District & Sessions Judge
North-East, Karkardooma Courts,
Delhi/19.01.2024
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