(1.) The plaintiff has filed the Suit seeking Specific Performance and also damages. The defendant No.1 is Mrs. Nimnii Singh. The second defendant Dr. Achhar Singh was the father -in -law of the first defendant and he died pending the suit The third defendant M/s Mahender Jain & Company was a property broker who was set ex parte. The fourth defendant, the Under Secretary, Land & Buildings Department, Delhi Administration, Delhi was deleted vide order dated 24.4.1981.
(2.) The suit is against the first defendant Mrs. Nimmi Singh. The plaintiff has prayed for the following reliefs :
(3.) Before noticing the pleadings,the facts culminating in the filing of the suit have to be stated. In 1963 the first defendant Mrs. Nimmi Singh had purchased this suit property Plot No.9, Block A, Green Park, New Delhi. It is the case of the plaintiff that the first defendant Mrs. Nimmi Singh was represented by her General Power of Attorney Dr.Achhar Singh. The property is described as Plot of land bearing No. Plot No. 9, Block A, Green Park, New Delhi, measuring 601 sq. yds (502.44 sq.mt). The total consideration fixed was Rs. 3,00,000.00 . A sum of Rs. 15,000.00 was paid as an advance. Clause 3 of the agreement provides as follows: Clause 3 -That the Vendor has disclosed and has informed the Purchaser that her husband Dr. Satwant Singh is the owner of half share in built up property bearing No. J -18, Hauz Khas, New Delhi, so her and her husband's property (joint) comes under the celling of Urban Land Ceiling Act and they have applied for the exemption from the Ceiling Act and are hopeful to get the clearance very soon. However, if due to any reason the said property is not released and cleared from the Urban Land Ceiling Act or unnecessary delayed even more than three months, in that case the Purchaser own claim for refund or can have the amount paid refunded at any time he likes. Clause 4 reads as under : Clause4 -That the Vendor hereby undertakes that he shall within ninety days after getting the clearance of the said plot from the Urban Land Ceiling Act shall obtain income tax clearance certificate required under Section 230 -A of the Income Tax Act, 1961 from the Income tax authority and also secure requisite permission for sale from the Competent Authority required under the Urban Land(Ceiling & Regulations)Act, 1976. The Vendor being the British National shall also secure the permission to sell from the Reserve Bank of India.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN