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TMI Blog1984 (8) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners' application under s. 47, Civil Procedure Code, is under challenge in this revision petition. The opposite party filed O.S. No. 28/I of 1976, wherein she obtained a decree against the petitioners for specific performance of a contract. Under the decree, the petitioners were directed to obtain necessary permission of the Collector to convey the suit property to the opposite party wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the argument. They are: (a) that the collector's permission could not be obtained due to certain defects in the lease renewal deed; and (b) that as the valuation of the holding in dispute is more than Rs. 1,00,000, the sale deed cannot be executed without obtaining a clearance certificate as required under section 230A of the Income-tax Act. So far as the first objection is concerned, the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y assessees. It has no application to involuntary acts resulting in transfer, assignment, limitation or extinguishment of rights in property by the force of law or under an order of the court or under a decree whether based on a compromise or otherwise. (vide Loganathan v. Kapur) [1972] 83 ITR 430 (Delhi). In view of this settled position of law, objection of the petitioners is unsustainable. Bot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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