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2025 DAILYLAW 3326 (ALL)

RAMBHAROSH v. RAMKEWAL AND 2 OTHERS

FAFO/2515/2025 · 2026-05-06

Abdul Shahid

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 2515 of 2025 Court No. - 39 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellant/plaintiff. 2. The present appeal has been filed against the order dated 12.09.2025 passed by the learned Civil Judge (Senior Division), Maharajganj, in Original Suit No. 272 of 2025 (Rambharosh Versus Ramkewal and others). 3. The plaintiff/appellant, Rambharosh, filed the suit for possession in the year 2015 before the learned trial court. On the question of valuation, the learned trial court considered the Amin's report and assessed the value of the property in question at Rs. 74,53,349/-. 4. It is submitted by learned counsel for the appellant/plaintiff that the Amin valued the land in question on the basis of the market value prevailing in the year 2025, whereas the valuation of the suit property ought to have been determined on the basis of the circle rate issued by the District Magistrate in the year 2015. 5. Learned counsel for the appellant/plaintiff has filed a supplementary affidavit before this Court along with the circle rate notification dated 01.08.2015. It has been submitted that the land is situated adjoining the District Marg and, as per the circle rate, the valuation is Rs. 9,300/- per square meter. The land in question measures about 383.38 square meters and, accordingly, the total valuation of the land comes to Rs. 26,39,619/-. 6. There appears to be substance in the submission made by learned counsel for the appellant/plaintiff that the valuation of the land ought to have been considered on the basis of the circle rate prevailing at the relevant time, as Versus Counsel for Appellant(s) : Piyush Patel, Ravi Prakash Counsel for Respondent(s) : Rambharosh .....Appellant(s) Ramkewal And 2 Others .....Respondent(s) issued by the District Magistrate in the year 2015. 7. Hence, in view of the aforesaid facts, reasons, and circumstances, the impugned order dated 12.09.2025 is hereby set aside. The learned Civil Judge (Senior Division), Maharajganj, is directed to reassess the valuation of the suit on the basis of the circle rate prevailing in the year 2015, as per the rate list issued by the then District Magistrate. 8. The present appeal is allowed accordingly. May 7, 2026 K.K. Maurya FAFO No. 2515 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad