SWAPAN KUMAR SAHA Vs. JAYANTA KUMAR BOSE

JUDGEMENT

(1.) This appeal is directed against an order and judgment dated March 12, 2008, passed by the Hon'ble First Court when His Lordship was pleased to come to the conclusion as follows : -

(2.) The facts of the case briefly are as follows : On 2nd August, 1988 the plaintiff entered into an agreement for sale of 15 (fifteen) cottahs 8 (eight) chittacks and 35 (thirty five) sq. ft. of land along with a bungalow situated in the heart of the city at premises No.21, Mandeville Gardens, Kolkata at a consideration of Rs. 26.70 lakh. A sum of Rs. 3.70 lakh was paid as an earnest money and it was agreed that balance consideration money to be paid at the time of completion of the transaction. It was the duty of the appellant/petitioner herein to make out a marketable title to the said premises and purchase was completed within six months from the date of entering into an agreement or within the period so to be extended at the instance of the parties. Obligation on the part of the defendants/respondents to obtain all permissions which were necessary for the transfer including the "no objection certificate" under Section 269UL of the Income Tax Act, 1961 (hereinafter referred to as the said 'Act'). It was also agreed that such certificate is to be produced before the plaintiffs Advocates for inspection at least two weeks prior to completion of the transaction. It was also the obligation of the defendants to obtain the clearance certificate under Section 230A of the Income Tax Act, 1961 and also to be produced for inspection. Such agreement was recorded in writing on 23rd September, 1988. WBLR-45

(3.) The defendants applied before the income Tax authorities for obtaining the requisite permission. By a notice dated 22nd November, 1988, the said authority made an order of compulsory purchase of the premises under Section 269UD(1) of the Income Tax Act, 1961 and as a result whereof, writ petition was filed by the appellant on 2nd December, 1988 and the Hon'ble Court was pleased to pass an ad interim injunction order.