SHANTI BHUSHAN (D) Vs. STATE OF U.P.

JUDGEMENT

(1.) The dispute involved in this appeal is about the determination of the market value of a property at Allahabad purchased by the appellants under a registered sale deed dtd. 29/11/2010 (the sale deed) from Hari Mohan Das Tandon (the vendor). The property has been described in the Schedule to the sale deed which reads thus:

(2.) According to the case of the appellants, Bungalow No.19 and Cottage No.19-A existed on the larger property. According to their case, in the year 1939, Bungalow No.19, together with appurtenant land and outhouse as well as cottage no.19-A, was taken on rent by the first appellant's father. The appellants claimed to be protected tenants under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947 and subsequently under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972. According to the case made out by the appellants, by two letters dtd. 2/9/1966 and 10/9/1966, the vendor agreed to sell the sale deed property to the first appellant's father for a total sale consideration of Rs.1.00 lakh. A sum of Rs.5000.00 was paid to the vendor as earnest money. The land was a leasehold land. It was converted into a freehold land on 8/6/2000 by virtue of a freehold deed executed in favour of the vendor. The first appellant filed a suit for specific performance in the same year.

(3.) On 29/9/2010, a compromise was arrived at between the vendor and the appellants under which the appellants agreed to give up approximately 1/3rd of the land which was a part of the original agreement for sale covered by the aforesaid two letters, and agreed to take land measuring 7818 sq. meters along with existing structures for the same consideration which was fixed in the year 1966. An application to record compromise was made in the pending suit on 5/10/2010. On the basis of the said compromise, on 12/10/2010, an agreement for sale was executed by and between the parties. A compromise decree was passed by the Civil Court on 16/11/2010.