2/2018 Civil Ref. Assistant Chief Inspector of Stamps (Appellant) V/S .. (Respondent)

2/2018 Civil Ref. Assistant Chief Inspector of Stamps (Appellant) V/S .. (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial, Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar Order Date: 16-NOV-21

The Court had itself observed that the valuation done by the family Court was for a particular purpose and since it was not a decree of a Court the valuation so carried out was not binding. And then the Court went on to observe that even if there is a decree of the Court, the stamp duty would be payable as per Valuation Table. Though on facts the said judgment is not relevant; nonetheless, since it has been cited before this Full Bench, therefore, we are compelled to hold that we do not approve such observations made by the Division Bench in the aforesaid paragraph. Had it been in performance of decree, an instrument is being registered, it ought to be on the basis of value determined in the decree and/or agreement entered into for which performance is to be made in terms of Court decree. In such situation there was no occasion for altering/undervaluing the property to avoid stamp duty as the value is already determined by Court of law or decree. It is only in case when the property has changed its status lawfully i.e. from a built-up property to an open plot or from a semi-constructed property to a fully constructed property, the value of the property may be altered in instrument sought to be registered. Thus, when the property sold out on the basis of a decree, which decree has valued the property in question, then the right of valuing the property does not rest with the vendor and vendee and/or the concerned authority. H