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1992 Supreme(SC) 840

YOGESHWAR DAYAL, A. S. ANAND, J. S. VERMA, M. H. KANIA, S. C. AGRAWAL
Rambai Manjanath Nayak – Appellant
Versus
Union Of India – Respondent


Advocates:
Aditi Chaudhary, C.V.SUBBA RAO, DIPANKAR GUPTA, G.RAMASVAMY, G.S.MURTHY, J.RAMAMURTHY, M.KARANJAVALA, NANDINI GORE, P.PARMESHVARAN, R.KARANJAWALA, RANBIR CHANDRA

JUDGMENT

VERMA, J.—This appeal is against the judgment of Gujarat High Court dated January 12, 1983 dismissing appellants writ petition challenging the constitutional validity of Chapter XX-A of the Income-tax Act, 1961 wherein the question raised was whether immovable property would vest in the Central Government free from all encumbrances under Section 269-1, upon a final order being made under Section 269F(6) and consequently whether a tenant governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 can be evicted from such property.

2. The appellants constitute a partnership in the name and style of M/s. Satkar Hotel and Restaurant and for their business had taken on rent the 3-storeyed Shamalaji Kripa building in Sayajigunj, Vadodara from its owner M/s. S. S. Parshottamdas and Company on a monthly rent of Rs. 1,500/- The said M/s. Parshottamdas and Co. incurred huge debts for the repayment of which they executed a Composition Deed in favour of a Committee formed by the creditors for the purpose of management and disposal of the debtors property. A registered sale deed was executed on December 27, 1973 conveying the Shamlaji Kripa building to respondents Nos.


































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