“ 39. Merely because the property is recorded as agricultural property and - there being no declaration under section 143 of the U.P. Zamindari Aboli tion & Land Reforms Act 1950 cannot be said that the property does not have commercial potential on the date of execution of the deed. Further, under section 142 of the U.P. Zamindari Abolition & Land Reforms Act, the owner can use the agricultural property for any purpose including for non agricultural purpose and once a owner chooses to use the property for non agricultural purpose, he cannot turn around to take a plea that since the property is entered in the revenue records as an agricultural property, the nature and use of the property is agricultural. The nature and use of the property is the actual use on the spot coupled with the predominant activity - in the locality where the property is situated. If the property of similar na ture is being sold and bought at commercial rate, for the purposes of stamp - duty, the property would be valued at commercial rate. The entry in rev enue record that the property is agricultural or residential would have no bearing in determination of the value.
