2008 (12) TMI 210

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....d by Hariani and Co. for the petitioners. R. Ashokan for the respondents. JUDGMENT The judgment of the court was delivered by 1. J. P. DEVADHAR J.-This petition is filed to challenge the order dated February 23, 1993, passed by the Appropriate Authority under section 269UD(1) of the Income-tax Act, 1961 ("the Act" for short) whereby Flat No. 47 on the sixth floor of the building C. C. ....

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.... filed under the provisions of Chapter XX-C of the Act, it was specifically stated that the petitioners are in possession of the premises in question. On a notice issued by the Appropriate Authority, the petitioners came to know the transaction which Damayanti Bhatia had entered into on November 28, 1989, for sale of the flat in question. The petitioners thereupon filed a suit in the Bombay High C....

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....reafter, the Appropriate Authority issued fresh show-cause notice and passed the impugned order on February 23,1993, for compulsory purchase of the flat. Challenging the aforesaid order, the present petition is filed. 6. Although, Mr. Irani, learned counsel appearing on behalf of the petitioners had sought to advance various submissions, in our opinion, this petition is liable to be allowed on ....

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....ate Authority was a party to the proceedings in Suit No. 442 of 1990 and that the Appropriate Authority has not objected to the decree being passed in terms of the consent terms. 9. Once it is accepted that Damayanti Bhatia, wife of Laxmikant Bhatia, had only 50 per cent. share in the flat in question, she had no right to sell off the entire flat in question. 10. We have perused various docu....