TaxTMI 
TaxTMI 
2014 (5) TMI 1126
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....11, Prithvi Raj Road and hand over possession of the same to respondent No.2-tenant. 2. Mr. Amit Sibal, learned senior counsel for petitioner submits that taking over of possession by respondent No.1 was contrary to Rule 5(3) of the Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013, (for short 'Rules, 2013') formulated by the Central Government in exercise of its power conferred by Sub-section (1) read with Clause (ee) of Subsection (2) of Section 73 of the Prevention of Money-Laundering Act, 2002 (for short 'Act, 2002'). Rule 5(3) of the Rules, 2013 reads as under:- "5. Manner of taking possession of immovable property- xxx xxx xxx "(3) Where the immo....
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....oever, until or unless specially permitted to do so by the undersigned. Relied upon documents are mentioned in Annexure 'A'." 5. On 24th September, 2013, respondent No.1 filed a complaint under Section 5(5) of the Act, 2002. 6. On 26th December, 2013, according to petitioner, registered lease deed was executed between the petitioner and respondent No.2. The relevant provisions of the lease deed are reproduced hereinbelow:- "1. That the LESSOR hereby demises unto the LESSEE all that the Demises Premises, for a total period of 3 (Three) years commencing from 01.06.2013. The LESSOR has delivered the vacant possession of the Demises Premises to the LESSEE and the LESSEE paying therefore unto the LESSOR during the said period a monthl....
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....hment of the properties made under sub-section (1) of Section 5 of the PML Act and this order shall (a) continue during the pendency of the proceedings relating to any offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and (b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of Section 8 or Section 58B or sub-section (2A) of Section 60 by the Adjudicating Authority. 8. On 14th March, 2014, a notice of eviction was issued by respondent No.1 and possession of the property in question was taken over. 9. The intent and object of the Act, 2002 is to prevent money-launde....
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....sued under Chapter III. 12. Though in the present case, it has been averred that the tenancy had been orally created on 01st June, 2013, yet this Court is of the view that the alleged oral tenancy would create no right either in favour of the petitioner or respondent No.2 as the lease deed in question was compulsorily registerable under Section 17 of the Registration Act, 1908. In Santosh Jayaswal and Anr. Vs. State of M.P. and Ors., (1995) 6 SCC 520 the Supreme Court has held that "since the duration of lease is more than a year, it is an instrument and compulsorily registrable by operation of Section 18(1)(c) of the Registration Act and liable to stamp duty under the Indian Stamp Act. Therefore, it cannot be acted upon unless it is duly ....