Shanti Bhushan and Others v. State of U. P. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(All) 49

ALLAHABAD HIGH COURT
Sunil Hali, J.
Shanti Bhushan and Others v. State of U. P. and Others

Table of Content
1. controversy regarding market value determination. (Para 1 , 2)
2. background of property rental and attempted sale. (Para 3 , 4 , 5)
3. arguments on behalf of petitioners' rights. (Para 7 , 9 , 11)
4. discussion on ownership and encumbrances. (Para 12 , 21 , 22)
5. emphasis on execution date for market value. (Para 26 , 27 , 30)
6. exploring arbitrariness of penalty imposition. (Para 31 , 34)

1. The controversy involved in this writ petition is as to whether determination of the market value is dependent upon limited rights enjoyed by the owner in the property.

2. In order to determine this controversy, certain facts are required to be noted, which are as follows :??

3. Bungalow No. 19 - A, Elgin Road, Allahabad was taken on rent by the father of the petitioner in the year 1939 on a monthly rent of Rs. 184/- per month. The property also consisted of a cottage which was leased out to Sri. J.S.Gupta on a monthly rent of Rs. 50/- per month. The property was owned by one Sri Har Mohan Das Tandon. The landlord vide two letters dated 2.9.1966 and 10.9.1966 agreed to sell the above noted property to petitioner No. 1 or his nominee for a total consideration of Rs. one lac. As pe

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2015 Supreme(Online)(All) 49

ALLAHABAD HIGH COURTSunil Hali, J.Shanti Bhushan and Others v. State of U. P. and Others

Cases Referred (2)

ALLAHABAD HIGH COURT
Sunil Hali, J.
Shanti Bhushan and Others v. State of U. P. and Others