RAVI SINGH DR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this petition under Art. 226 of the Constitution of India has claimed the following prayers:

(2.) THESE prayers are apparently quite vague. We may note that Form No. 37 -I is filed under r. 48L of the IT Rules and it contains a statement of transfer of immovable property required to be furnished to the appropriate authority under S. 269UC of the INCOME TAX ACT, 1961. Form No. 37 -I is to be signed by both the transferor and the transferee. Particulars of the transferor and transferee are required to be given. A copy of the agreement for transfer of the property in question is also to be filed along with this form. It is the requirement of S. 269UC that transfer of immovable property cannot be effected at least four months before the intended date of transfer and accordingly the agreement to transfer is required to be reduced into writing. The petitioners are transferors of the property bearing No. C -63, Maharani Bagh, New Delhi. Earlier they entered into an agreement to sell this property with Mr. J. K. Rajgarhia which transaction fell through. Then another agreement to sell was entered into with the 4th respondent and in furtherance thereof the petitioners have received Rs. 27 lakhs while the sale consideration was Rs. 2,55,00,000. There is a dispute between the petitioners and the 4th respondent as to the terms of the agreement and if those terms had been complied with by the 4th respondent. Reference was made to a suit filed by J. K. Rajgarhia for specific performance of the agreement to sell. This suit filed by J. K. Rajgarhia is Suit No. 451 of 1995 and is filed on 2nd Dec., 1995. All the petitioners are defendants in that suit. J. K. Rajgarhia has complained of breach of the agreement to sell in respect of the same property with the petitioner after the first agreement with J. K. Rajgarhia fell through. The fourth respondent said that it had paid a substantial sum of money to the petitioners and also entered into a valid and subsisting agreement to sell. With this application under Order 1, r. 10, of the Civil Procedure Code, filed in that suit the 4th respondent also filed the agreement to sell dt. 10th Feb., 1995, and also a copy of Form No. 37 -I bearing the signatures of the petitioners and the 4th respondent. Photo copies of various receipts evidencing payment of Rs. 27 lakhs by the 4th respondent to the petitioners have also been filed.