RAGHBIR SINGH Vs. APPROPRIATE AUTHORITY INCOME TAX DEPARTMENT

JUDGEMENT

(1.) The facts leading up to the filing of the writ petition are as follows.

(2.) The petitioner thereafter paid the consideration of Rs.3,25,000/- undertaken to be paid by him to Vidyawati. It is claimed that she delivered vacant possession of the terrace floor in part performance of the agreement and undertook to execute and register the sale deed in favour of the petitioner and also to obtain all requisite permissions from the authorities. It is alleged that there was some delay by Vidyawati in discharging her obligations under the agreement to sell. At one point of time it appears that Vidyawati and her sons had offered to sell the entire property to the petitioner for a total consideration of Rs.53,50,000/-.

(3.) The petitioner submits that the agreement to sell the rear portion of the premises was not honoured by the Vidyawati who it is alleged to have avoided performing their part of the contract and, therefore, the petitioner was forced to file a suit on 19.5.1993 before this Court (suit No.1209/1993) against Vidyawati and others for a perpetual and mandatory injunction against them.