1993 (4) TMI 43

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....itioner and 21 others entered into an agreement to sell dated October 8, 1991, whereby the latter agreed to purchase the property for a sum of Rs. 180 lakhs from the former. A sum of Rs. 75 lakhs was received by the fifth respondent as earnest money from the intending purchasers. On October 21, 1991, a statement in Form No. 37-I was filed before the appropriate authority which was signed by respon....

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.... Learned counsel for the petitioner submits that his client has two capacities, one as the purchaser of the property and the other as tenant and he is challenging the impugned orders in both the capacities. He relies on the decision of the Supreme Court in C. B. Gautam v. Union of India [1993] 199 ITR 530. Learned counsel appearing for the Revenue and for respondent No. 5 submitted that the pe....

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....the full consideration amount by the Union of India to respondent No. 5. The petitioner also accepted the position that he will get the refund of the advance payment from the transferor, in the event of payment of full consideration to respondent No. 5 by the Union of India. Again the letter dated January 8, 1992, clearly reveals that the petitioner did not feel aggrieved of the purchase of the pr....

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....especially when the petitioner has received and accepted the refund of advance payment of the sale consideration. In view of the facts and circumstances of the case, we are not inclined to interfere with the pre-emptive purchase order and accordingly decline the prayer of the petitioner in this behalf. In so far as the eviction order dated December 30, 1991, asking the petitioner to hand ove....