RAJALAKSHMI NARAYANAN Vs. MARGARET KATHLEEN GANDHI MRS

JUDGEMENT

(1.) Leave granted. Counsel heard.

(2.) This appeal is directed against an interim order passed by a Division Bench of the Delhi High Court in Civil Writ Petition No. 387 of 1988 on May 4, 1988.

(3.) On 9th December, 1987 a formal agreement to sell the property in question to respondent No. 1 was signed by the appellant and his co-vendor, respondent No. 8 for a total consideration of Rs. 18 lacs, out of which Rs. 50,000/- was already paid to them in November, 1987. A further amount of Rupees one lac and fifty thousand was received by the vendors from the first respondent in February, 1988. As a security for the said amount the first respondent was put in possession of a portion of the property and she continues to be in possession of the same till date. On February 10, 1988 the appellant entered into an agreement for the purchase of a flat in Alaknanda, New Delhi for a total consideration of Rupees six lacs and seventy five thousand, out of which Rs. 20,000 /- was paid as earnest money. On March 14, 1988, the Appropriate Authority under Chapter XX-C of the Income-tax Act, 1961 passed an order directing the purchase of the said property by the Central Government under the provisions of Section 269-UD (1) of the Income-tax Act, 1961. Respondent No. I filed Civil Writ Petition No. 387 of 1988 in the Delhi High Court challenging the aforesaid order of the Appropriate Authority. As a result of the impugned interim order made by the Delhi High Court the acquisition of the property by the order of the Appropriate Authority was stayed and in the circumstances set out earlier, the intended sale to respondent No. 1 could also not be completed. The appellant filed an application being Serial No. 625/88 in the aforesaid Writ Petition for the payment of the balance amount under the agreement of sale to her either by respondent No. 1 as the vendee or by the Income-tax Department. This application was dismissed by the impugned order. The appeal is directed against this order.