9911796707
TMI Blog2015 (11) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... is that the Petitioner filed Income Tax Return for the assessment year 2012-13 on 27.3.2013, admitting an income of Rs. 3,57,010/-. The Petitioner purchased UDS of 1189 sq.ft. with 139 sq.ft. common passage and buildings thereon, comprised in S.No.207/24, New T.S.No.22 Part, Block No.30, Koyambedu Village, Chennai, by a registered sale deed dated 3.2.2006 for a total sale consideration of Rs. 25,09,940/-. Later, the Petitioner came to know that there was a title dispute in the said lands between the Tamil Nadu Housing Board and one S.Gowri, which was settled out of court in the year 2011, pursuant to which, a sale deed dated 12.05.2011 was executed in respect of 6.06 grounds in favour of said S.Gowri, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the change in the area of the property was sought to be rectified by the Petitioner by the sale deed dated 12.08.2011 and after rectification, the properties conveyed under the two sale deeds are one and the same and that the Petitioner has not paid any consideration as stated in the sale deed dated 29.12.2011, which was confirmed by the vendors and the addition of Rs. 9,00,000/- is unwarranted, as the same has been explained. The learned counsel for the Petitioner has submitted that the Petitioner is willing to pursue the appeal and to pay a substantial sum, as a condition to stay the recovery proceedings, till the disposal of the appeal. 4. On the above averments and the submissions of the learned counsel for the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the 2nd Respondent on payment of substantial sum to stay the recovery proceedings, pending the appeal. 6. Accordingly, considering the facts and circumstances of the case, without going into the merits of the case, the Petitioner is directed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) within a period of eight weeks from the date of receipt of a copy of this order. On such payment, the Respondents are restrained from initiating the recovery proceedings against the Petitioner, till the disposal of the appeal by the 2nd Respondent. The 2nd Respondent is directed to dispose of the appeal, on merits and in accordance with law, as expeditiously as possible. 7. With the above directions, this Writ Petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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