9911796707
TMI Blog1994 (1) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... (approximately). By reason of such payments, the possession of four of the flats to be constructed in the building as Surat Bose Road would be given to the petitioners. The builders were Lansdowne. They were to construct and hand over possession. The land owner Onyx would transfer the undivided proportionate share of the land to the petitioners for the said consideration. In so far as Thirani is concerned, I construe the said agreement as an irrevocable and final grant to the petitioners of all the right, title and 746 interest of Thirani in the said four future flats ; he was only a sub-lessee in the old building. The petitioners were, however, still to pay to Thirani the balance consideration sum in the phased manner mentioned in the ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one instance, Surat had a holiday from these Sub-Chapters for about three years and Chapter XX-C commenced there only from the 1st of June, 1989. Chapter XX-C contains a stringent penal provision under section 276AB, in that a defaulting person is compulsorily to go to prison if the default is duly proved and prosecuted. The petitioners filed Form No. 37-I under Chapter XX-C also in respect of the said very same agreement dated June, 1985. In view of the stringent provision for default, I do not blame them for having done so, out of abundant caution. An order for pre-emption has been passed under Chapter XX-C. The petitioners now challenge the said order and also want it declared that Chapter XX-C is inapplicable in the facts and circum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al relied in this regard upon a case of the Gujarat High Court in Shantivan Corporation v. Sub-Registrar [1991] 189 ITR 583. In that case an agreement was sought to be entered into (or dated) just one or two days before the commencement of the Chapter XX-C in Surat, that is, some time in the very last day in the month of May, 1989. It was contended that, inter alia, because of such a date on the agreement, Chapter XX-C would not have any application. A Division Bench of the Gujarat High Court was unimpressed with the facts in that case and came to the conclusion that the delivery of possession prior to the commencement of Chapter XX-C could not be said to have been sufficiently established. It also held that a mere agreement for sale do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d into in the form contemplated in section 269UC of Chapter XX-C, because Chapter XX-C was not in the statute book at all till October 1, 1986. Form No. 37EE was, therefore, appropriately filed by the petitioners. The consideration mentioned in respect of Lansdowne or Onyx was entirely for executory jobs to be performed or deeds to be done by Lansdowne and Onyx, and the sums fell short even of the rupees one lakh limit of Chapter XX-A, not to speak of the larger limit of rupees ten lakhs of Chapter XX-C. In regard to the consideration of above rupees ten lakhs to be paid to Thirani, the transaction definitely fell within Chapter XX-A and thus the respondents will be free to proceed under Chapter XX-A for and in respect of Form No. 37EE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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