RAM LAL ANAND Vs. BEGUM ZAMANI ALI KHAN

JUDGEMENT

(1.) DR . Ram Lal Anand (hereinafter called the decree holder) has filed his application seeking directions to the Union of India to grant permission to sell the property in question on the deposit of 50% of the unearned increase to be calculated as on 10.8.1975.

(2.) THE application has arisen out of the following facts :-

(3.) IT is further stated in this application that in May, 1976 the decree holder had been given to understand that the Judgment Debtor had made an application seeking permission to transfer the property in question in favour of the decree holder and she was advised to get the permission by applying to the Competent Authority/L&DO as required under Section 27(2) of the Urban Land Ceiling Act, 1976. On 3.11.1979 the permission was granted by the Union of India and they had been claiming unearned increase as on the date of grant of permission. The sale deed dates back to the agreement to sell, the Union of India is entitled to recover at best on the unearned increase as on the date of the agreement to sell i.e. 1.8.1976, which dates back to August, 1975, since the original agreement which was executed between the parties was on 10.8.1975. In these premises it is claimed that the Union of India may be directed to grant permission to sell the property on the deposit of 50% of the unearned increase to be calculated as on 10th August, 1975.