Allahabad High Court
RAMBHAROSHversusRAMKEWAL AND 2 OTHERS
- Decided
- Bench
- ABDUL SHAHID
Holding
The appellate court held that the valuation must be based on the circle rate prevailing in 2015, the year the suit was filed.
Summary
The appellant, Rambharosh, filed a possession suit in 2015 and the trial court, relying on an Amin's report, valued the property at Rs. 74,53,349 based on market rates of 2025. The appellant contended that valuation should have been based on the circle rate fixed by the District Magistrate in 2015, submitting a supplementary affidavit and the relevant rate notification. The High Court examined the submissions and found merit in the argument that the appropriate valuation date is the year the suit was filed. Consequently, the Court set aside the trial court's order dated 12‑09‑2025. It directed the trial court to reassess the property value using the 2015 circle rate of Rs. 9,300 per square meter, resulting in a valuation of Rs. 26,39,619. The appeal was allowed.
Issues considered
- Whether the valuation of the suit property in a possession suit should be determined on the basis of the market value at the time of judgment or the circle rate prevailing at the time the suit was filed.
Subjects
- possession suit
- property valuation
- circle rate
- assessment of land value
- civil procedure
- appellate jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 2515 of 2025
Rambharosh
.....Appellant(s)
Versus
Ramkewal And 2 Others
.....Respondent(s)
Counsel for Appellant(s) : Piyush Patel, Ravi Prakash
Counsel for Respondent(s) :
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
FAFO No. 2515 of 2025
2
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
(Abdul Shahid,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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