9911796707
TMI Blog1992 (3) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... t the payment of Rs. 8 lakhs will be in full satisfaction of the sale consideration of the property - - - - - Dated:- 24-3-1992 - YOGESHWAR DAYAL. and S. RANGANATHAN. JUDGMENT Leave granted. The appeal is disposed of after hearing counsel for the original owner of the property, the transferee as well as the Income-tax Department. The original owner agreed to sell the property in ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs and also deliver possession of the property without raising the plea that the rights of the third parties have intervened. Impliedly, the High Court also permitted the Department to auction the property in accordance with the provisions of Chapter XXC of the Act but of course subject to the limitation that, in the event of the appellant succeeding, they should not raise the plea that third part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving such an undertaking. In the above circumstances, a question arises as to what would be the appropriate interim order to be passed pending disposal of the writ petition. We are told that the plot in question is a vacant site. The appellant claims that he is in possession of the property. After hearing all the parties, we are of the opinion that the status quo as to the possession of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, we allow his application and permit him to withdraw the sum of Rs. 8 lakhs deposited by the appellant in the High Court. This will, however, be subject to his complying with the undertaking which he has given in the affidavit dated March 3, 1992, filed before us in these proceedings. A question was discussed before us as to whether the owner, i.e., respondent No. 4 in these proceedings, s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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