( 1 ) THIS common order shall govern the disposal of five writ petitions, namely, CWP 3286/87,3287/ 87,3288/87,3289/87 and 3290/87 filed respectively by Surinder Gupta HUF, Surinder Gupta, Miss Neha Gupta minor (through father Surinder Gupta), Mrs Meenakshi Gupta and Miss Sunita Gupta minor (through father Surinder Gupta) respectively all arising out of an order passed in a set of common facts. The petitioners are seeking quashing of the order dated 6. 11. 1987 passed under Section 269 UD ( 1) of the Income Tax Act, 1961 whereby the Appropriate Authority has in exercise of the powers conferred by Section 269 UD (i) of the Income Tax Act, 1961 ordered purchase of the suit property at an amount equal to apparent consideration for the transfer of the said property. In each of the writ petitions the Chief Commissioner of Income Tax, the Appropriate Authority, the Union of India and the four vendors have been joined as respondents. The petitioners are the prospective purchasers.

( 2 ) THE suit property is a piece of land measuring 500 sq yards and bearing No. W/69 situated in Block of residential colony of Greater Kailash I, New Delhi, within the limits of Delhi Municipal Corporation along with a 2 storey residential house, servant quarter and garage standing thereon.

( 3 ) THE relevant facts are not in controversy.

3. 1 By a deed of conveyance dated 21. 3. 1964 the suit property was purchased jointly by Harbans Singh, and Jaswant Singh, both in one-half share each. Harbans Singh has expired. He is survived by two sons and two daughters namely Pritipal Singh, Gurcharan Singh, Gulshan, Kaur and Ms. Amarjeet Kaur. Consequent upon the death of Harbans Singh his 50% share in the suit property has devolved upon his four children each having acquired 12. 5% share in the property. However,ms Amarjeet Kaur, the fourth daughter has relinquished her share in favour of her brothers and sister. The three have therefore become entitled each to 16. 66% share in the property. As amongst the heirs of Harbans Singh and Jaswant Singh an oral partition of the property effective from 17. 4. 87 has taken place. A memorandum of partition was recorded on 5. 6. 87. The house was divided by metes and bounds. The schedule annexed with the memorandum of partition sets out the specific description of the parcels which have fallen to the share of each one of the co-owners in accordance with the following shares : Jaswant Singh 50% Pritipal Singh 16. 66% Gurcharan Singh 16. 67% Gulshan Kaur 16. 67%

3. 2 On 25. 8. 87, the abovesaid four owners of the property entered into an agreement to sell the same in favour of the follow ing five purchasers : 1. Shri Surinder Gupta 2. Shri Surinder Gupta HUF through its Karta Surinder Gupta 3. Ms. Meenakshi Gupta 4. Ms. Sumina Gupta minor through her father and natural guardian. 5. Ms. Neha Gupta minor daughter through her natural guardian.

3. 3. There are usual recitals in the agreement. One of the recitals goes to show that each one of the owner- vendors has transferred the property proportionate with his share to one of the purchasers. It will be useful to extract and reproduce the following few recitals from the agreement to sell: "and WHEREAS the vendors have agreed to sell the said property and the purchasers have agreed to purchase the same for a total consideration of Rs. 40,00,000. 00 ( Rupees Forty lacs only) in the following manner :- a) 50% of Shri Jaswant Singh shall be purchased as under : - i) 25% by Shri Surinder Gupta for total consideration of Rs. 10,00,000/ ( Rupees Ten lacs only.) ii) 25% by Smt. Minakshi Gupta for total consideration of Rs. 10,00,000. 00 ( Rupees Tat lacs only.) b) 16. 66% share of Shri Pritipal Singh shall be purchased by Surinder Gupta, HUF, through its Karta, Shri Surinder Gupta for the total consideration ofrs. 6,66,400/- (Rupees six lakhs sixty six thousand and four hundred only ). c) 16. 67% share of Shri Gurcharan Singh shall be purchased by Miss Sumina Gupta minor daughter of Shri

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