LAKSHMI NARAYAN KUMARI Vs. JAGDISH KUMAR AHUJA

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of an exparte judgment in a suit for specific performance of an agreement to sell by which the trial court of Additional District Judge, Delhi, has dismissed the suit for want of permission under Urban Land (Ceiling and Regulations) Act, 1976 to sell the suit property.

(2.) Appearing for the plaintiff-appellant, Mr. Satish Kumar Tripathi, strenuously argued that the court below had fallen in a palpable error in dismissing the suit for want of permission as envisaged under Section 27 of the Act aforementioned, ignoring the fact that the said provision had been declared to be ultra virus of the constitution by a Constitution Bench of the Supreme Court in Maharao Saheb Shri Bhim Singh; Anantalakshmi Pathabi Ramasharma Yeturi and others; Jodhan Real Estate Development Co. (P) Ltd. and another, Rajendra Garg etc., Shamshul Islam etc. vs. Union of India and others, reported in AIR 1981 SC 234.

(3.) Mr. Tripathi drew our attention to following passages from the said judgment: