| Case ID |
2eaec9b9-7fd6-4489-958d-f220791a4889 |
| Body |
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| Case Number |
W.P. No. 18402 of 2009 |
| Decision Date |
Nov 13, 2009 |
| Hearing Date |
Nov 13, 2009 |
| Decision |
The orders dated 2.6.2009 and 17.7.2009 passed by Respondents No. 1 and 2 were declared illegal and without lawful authority. The court emphasized that the valuation of the property must be based on the notified rates as per the valuation table issued by the District Registrar. The petitioners had initially declared the value of the property at Rs. 1.5 million, which was in accordance with the valuation table. The court found that the respondents acted arbitrarily in determining the value without proper basis and imposed penalties without following due process. The court directed that the valuation as per the notified rates should be accepted and that the sale-deed should be registered following the necessary legal formalities. |
| Summary |
In the landmark case W.P. No. 18402 of 2009, the Lahore High Court addressed key issues regarding property valuation and stamp duty under the Stamp Act of 1899. The petitioners challenged the valuation set by the District Collector, which significantly exceeded the amount they had declared. The court ruled that the statutory functionaries must adhere to the established valuation tables and that arbitrary assessments are not permissible. This ruling reinforces the principle that public functionaries must act within the confines of the law, ensuring transparency and fairness in property transactions. The decision is significant for property owners and legal practitioners alike, highlighting the importance of compliance with statutory provisions in property transactions and the calculation of stamp duty. It serves as a precedent for future cases involving property valuation disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-AHSAN
|
| Lawyers |
Mr. Amer Sohail Sh.,
Rana Shamshad Khan
|
| Petitioners |
SH. MUHAMMAD YOUSAF AND ANOTHERS
|
| Respondents |
DISTRICT COLLECTOR/DISTRICT REGISTRAR (DOR), OKARA AND 4 OTHERS
|
| Citations |
2010 SLD 1157,
2010 PLJ 573
|
| Other Citations |
Not available
|
| Laws Involved |
Stamp Act, 1899,
General Clauses Act, 1897
|
| Sections |
27(A),
24-A
|