SIDDIQUE K M Vs. DY TAHSILDAR

JUDGEMENT

(1.) The petitioner is challenging demand of additional compensation by GCDA for the land purchased from the petitioner vide Ext.P1 sale deed. According to the petitioner, entire sale consideration is paid in terms of sale deed and property is not subject to any liability. However, according to GCDA, the property purchased by the petitioner was originally allotted to one Mr.C.N.Unnikrishnan who sought permission from GCDA to transfer the property to one Mr.M.N.V.Nair from whom petitioner purchased the property vide Ext.P1 sale deed. GCDA has produced Ext.R3(2) order granting approval of transfer of property from the original allottee to Mr.M.N.V. Nair wherein it is specifically stated that the approval of transfer is subject to same terms and conditions of allotment of land to Mr.C.N.Unnikrishnan, who under the terms of allotment was admittedly liable to pay additional compensation for the land acquired by the GCDA.

(2.) The only question to be considered is whether liability to pay additional compensation which is a term of allotment of the land, could be enforced against the petitioner who is the purchaser of the land from transferreee of an allottee. As found above, the transfer from allottee to the seller Mr.M.N.V. Nair from whom petitioner purchased the land is subject to the conditions of allotment. Therefore, the person from whom petitioner purchased the property is liable to pay additional compensation in accordance with terms of purchase of land by him approved by GCDA. Consciously or otherwise, the seller has not mentioned anything about the liability undertaken by him to pay additional cost for the land purchased by him and sold to the petitioner vide Ext.P1. I do not think it makes any difference whether there is any recital in the sale deed or not because so long as the term of original allotment of land continues i.e. liability to pay additional compensation is transferred from the original allottee to his transferree i.e. the person from whom petitioner purchased, the land purchased is subject to charge and GCDA will be able to recover it by attachment and sale of land purchased by the petitioner under Ext.P1 sale deed. If seller has suppressed the liability on the land which caused any loss to the petitioner, it is for the petitioner to proceed against the seller.