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1992 Supreme(SC) 536

YOGESHWAR DAYAL, A. S. ANAND, J. S. VERMA, M. H. KANIA, S. C. AGRAWAL
Rajalakshmi Narayanan – Appellant
Versus
Margaret Kathleen Gandhi (Mrs) – Respondent


JUDGMENT

M. H. KANIA, C.J.I. :—Leave granted. Counsel heard.

2. This appeal is directed against an interim order passed by a Division Bench of the Delhi High Court in Civil Writ Petition No. 387 of 1988 on May 4, 1988.

3. On 9th December, 1987 a formal agreement to sell the property in question to respondent No. 1 was signed by the appellant and his co-vendor, respondent No. 8 for a total consideration of Rs. 18 lacs, out of which Rs. 50,000/- was already paid to them in November, 1987. A further amount of Rupees one lac and fifty thousand was received by the vendors from the first respondent in February, 1988. As a security for the said amount the first respondent was put in possession of a portion of the property and she continues to be in possession of the same till date. On February 10, 1988 the appellant entered into an agreement for the purchase of a flat in Alaknanda, New Delhi for a total consideration of Rupees six lacs and seventy five thousand, out of which Rs. 20,000 /- was paid as earnest money. On March 14, 1988, the Appropriate Authority under Chapter XX-C of the Income-tax Act, 1961 passed an order directing the purchase of the said property by the Central Government








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