TMI Blog1992 (8) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the court was delivered by M. H. KANIA CJI .-Leave granted. Counsel heard. This appeal is directed against an interim order passed by a Division Bench of the Delhi High Court in Civil Writ Petition No. 387 of 1988 on May 4, 1988. On December 9. 1987, a formal agreement to sell the property in question to respondent No. 1 was signed by the appellant and her co vendor, respondent No. 8 for a total consideration of Rs. 18 lakhs, out of which Rs. 50,000 was already paid to them in November, 1987. A further amount of rupees one lakh and fifty thousand was received by the vendors from the first respondent in February, 1988. As security for the said amount the first respondent was put in possession of a portion of the property and sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of money in order to acquire another flat. It is pointed out by him that so far as the appellant is concerned, she never had any objection to the completion of the purchase of the property by the Government nor had she any objection to the specific performance of the agreement of sale in favour of respondent No. 1. It was submitted by Mr. Vaidyanathan that for no fault of his client and as a result of the order passed by the appropriate authority and the impugned interim order passed by the Delhi High Court she is neither able to dispose of the said property to a third party nor she is able to get the sale price of the said property either from respondent No. 1 or from the Government. He contended that if the balance of the purchase price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside and the transaction of sale in favour of respondent No. 1 is completed, respondent No. 1 shall pay to the appellant interest on the balance amount payable on account of the purchase price by respondent No. 1 interest at 20 per cent. per annum. The interest in either eventuality will be calculated right from the day the impugned interim order was made by the Delhi High Court. We may clarify that whether interest should be paid to the owner of an immovable property who has entered into an agreement to sell the same which cannot be completed by reason of an order of purchase under section 269UD of the Income-tax Act and at what rate, will have to be decided in the facts and circumstances of each case. All that can be observed by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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