SAHNI INTERNATIONAL PVT LTD Vs. NISHA RAJ

JUDGEMENT

(1.) MRS.Nisha Raj and her husband Ranjit Raj i.e. respondents No.1 and 2 in both above captioned appeals, filed a suit, registered as CS(OS) No.2630/1994 for specific performance of the agreement to sell dated 30.09.1986 (Ex.PW-1/2) in respect of property bearing No.A-2, Pamposh Enclave, New Delhi. The agreement to sell was executed by MRS.Vijay Malini Kaula (hereinafter referred to as ,,the seller), the owner of the property, whose right to sell is not disputed. The agreed sale consideration recorded is Rs.29 lakhs and out of which the unearned increase payable to DDA had to be deducted and paid to DDA for the reason, the subject property was lease-hold. Rs.10,000/- was received as part sale consideration on 30.09.1986 itself.

(2.) BEING the requirement of law, an application (Ex.PW-1/3) under Section 230(A) of the Income Tax Act was filed by the seller seeking permission to sell the said property in favour of the respondents No.1 and 2. The permission was granted on 30.10.1986 vide Ex.PW-1/4. Thereafter, Form No.37(I) was filed under Section 269UC of the Income Tax Act seeking clearance under Chapter-XX(C).

(3.) ON 06.05.1994, respondent No.1 and 2 Mrs.Nisha Raj and Ranjit Raj offered to refund Rs.29 lakhs to the Income Tax Authorities, to which the Income Tax Authorities did not respond.