EXPRESS TOWERS PVT. LTD. Vs. MOHAN SINGH

JUDGEMENT

(1.) This suit for specific performance, declaration alongwith perpetual and mandatory injunction has been filed by the Plaintiff (Express Towers Pvt. Ltd) through its Managing Director (R.C.Goyal), who has been authorised to sign and verify the plaint.

(2.) According to the averments made in the Plaint, Defendants No.1 and 2 (Late Shri Mohan Singh and Smt. Jeet Kaur, who were husband and wife) were the exclusive owners of Property No.B-7/118, Safdarjung Enclave Extension, New Delhi. On 21.05.1987, they entered into an Agreement to Sell in respect of the suit property with the Plaintiff No.1 for a total consideration of Rs.23,50,000/-. A sum of Rs.1,00,000/- was paid by the Plaintiff to the Defendants. On 27.05.1987, the Plaintiff and Defendants No.1 and 2 made an application in Form 37-I u/s 269UC of the Income Tax Act, 1961 (the Act) to the appropriate authority for obtaining a 'No Objection Certificate' for sale of the disputed property. The appropriate authority, without giving any opportunity to show cause to the Plaintiff and Defendants No.1 and 2 as to why the suit property should not be acquired, passed an order dated 10.07.1987 for pre-emptive purchase of the suit property by the Central Government. On 06.08.1987, the Plaintiff filed a writ petition being WP (C) No.2275/1987 for quashing of the order dated 10.07.1987. By an order dated 26.08.1987, on an application moved by the Plaintiff, Delhi High Court passed an interim order directing the possession of appropriate authority not to be disturbed and asking the Income Tax Department to maintain the property in the same condition and not to create any third party interest therein.

(3.) It is averred that Defendant No.3 claims to have purchased the suit property by virtue of a Sale Deed dated 30.09.1988 for a consideration of Rs.2,00,000/-. Further, on 18.09.2000 and 22.09.2000, two Sale Deeds were made in favour of Defendant No. 5 by Defendant No. 3 and his power of attorney holder Defendant No. 4 for a sale consideration of Rs.4,00,000/- each. It is alleged that Defendant No.5 also got the property mutated in the house tax record in his name.