2010 Supreme(All) 654

[2011(8) ADJ 134 (DB)(NOC)]
ALLAHABAD HIGH COURT
BEFORE : P.C. VERMA AND R.A. SINGH, JJ.
UTTAR PRADESH SMALL INDUSTRIES CORPORATION LTD. ....Defendant/Appellant
Versus
ANUPAM HOUSING (P) LTD. AND ANOTHER ....Respondents
(First Appeal No. 446 of 2008, decided on 18th February, 2010)

Headnote:Specific Relief Act, 1963—Sections 20(2) and 21(5)—Registration Act, 1908—Section 17—Contract for sale—Suit property—Leasehold interest—Contract of transfer of—Specific performance—Suit instituted by plaintiff-respondent No. 1 for specific performance was decreed against the appellant to execute a transfer-deed in favour of respondent No. 1, regarding leasehold interest of suit property—Challenge against—After given by respondent No. 1 remained pending for consideration through out and none of parties ever treated it to have lapsed by efflux of time—Plea as to unenforceability of contract of transfer of leasehold interest of suit land for want of its compulsory registration under Section 17 not tenable—Contract in question also not contingent in nature—UPSIC also liable to have secured the requisite NOC from ADA on payment of necessary charges—Respondent No. 1 also found willing to perform its part of contract—Price of suit plot @ Rs. 12,500 per sq. mtr. was ex facie reasonable and it could not be said that AHPL had any unfair advantage over UPSIC—On the other hand found unfair for UPSIC not to transfer suit plot to respondent No. 1—Therefore, impugned decree for specific performance upheld.