A.M.AHMADI, S.RANGANATHAN
Shanti Devi L. Singh: Kapoor Sons And Company – Appellant
Versus
Tax Recovery Officer – Respondent
JUDGMENT
RANGANATHAN, J.:— After hearing counsel for all parties, we grant special leave in these two petitions and proceed to dispose of the appeals finally by this common order as the point involved is a common one. We are dealing with the matter at some length as it raises certain important aspects of the Stamp Act, 1899 and the Registration Act, 1908 which are likely to come up for consideration frequently.
2. Smt. Shanti Devi, the petitioner in SLP No. 15093 of 1989, was the highest bidder at an auction sale of house property bearing No. A-205, Defence Colony, New Delhi conducted on 29-2-88 by the Tax Recovery Officer (T.R.O.) for realising the income-tax dues of its owner. Her bid was accepted and the sale confirmed on 13-4-1988. On 14-4-1988 a certificate of sale was issued by the T.R.O. to the petitioner. Under the relevant rules, a copy of the certificate of sale should have been endorsed to the Sub Registrar but it was actually sent to the Sub Registrar on 12-5-88. The petitioner in SLP No. 138 of 1990 purchased property bearing No. 112-113, Gautam Nagar, Delhi at an auction conducted by the Income -tax department. A certificate of sale in their favour was issued on 23-5-1
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