LexSURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIR versus STATE OF HARYANA & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2009] 9 S.C.R. 1048
v
A
SURAJ LAMP & INDUSTRIES (P) LTD. THRU. DIR
-f
v.
STATE OF HARYANA & ANR.
,_
(SLP (C) No. 13917 of 2009 @ C.C. No. 5804 of 2009)
B
MAY 15, 2009
[R.V. RAVEENDRAN AND J.M. PANCHAL, JJ.]
Registration Act, 190~:
... --;
c
ss. 17 and 49 - Registration of deeds of conveyance -
Purpose of - Practice of transferring freehold properties by
means of sale agreement with General Power of Attorney and
Will (SA-GPA-Will) - Held: Consequences of transactions by
means of SAGPA Will are disturbing and far reaching,
D adversely affecting the economy, civil society and law and
order -Jt enables large scale evasion of income tax, wealth
~·
tax, stamp duty and registration fees thereby denying the
....
benefit of such revenue to the government and the public -
Such transactions encourage circulation of black money and
E corruption and directly lead to growth of real estate mafia and
criminalization of real estate transactions - Some States have
· made some efforts to control such transactions by subjecting
agreements of sale involving delivery of possession and
y
irrevocable powers of attorney for consideration to the same
I,.
F
stamp duty as deeds of conveyance or by making such
documents compulsorily registrable - But the steps taken are
neither adequate nor properly implemented, resulting in
multiple transactions in regard to the same property and
leading to legal and other complications - Solicitor GeneraT
of India would appear in the matter and give suggestions on
G behalf of Union of.India - Notice-f~ssue to States of Punjab,
<{-·-
Hazyana, Delhi, Uttar Pradesh and Maharashtra as to whether
tra(lsactions by means of SA GPA Will inste~<i of regular sales
arfi1preli,alent in their States and their view:sJn-respect of such
I
•
H
1048
SURAJ LAMP & INDUSTRIES (P) LTD. v. STATE 1049
OF HARYANA
,...,,
transactions as also what steps have been taken and/or and
A
~
proposed to be taken by respective States to deal with such
..
transactions and their.effects - Matter adjourned .
CIVIL APPELLATE JURISDICTION: SLP (C) No. 13917/
9 @ Computer Cod~ No. 5804 of 2009.
B
From the Judgment & Order dated 25.11.2008 of the High
Court of Punjab & Haryana at Chandigarh in C.W.P. No. 19864
• f-
of 2008.
K.V. Vishwanathan, Jayant Kumar Mehta, Neeraj c
Chaudhari and Sandeep Phogat for the Appellants.
'
The following Order of the Court was delivered
---
ORDER
D
""
R.V. RAVEENDRAN J. 1. Delay condoned. Issue notice.
~
Petitioner to file copies of correspondence with State
Information Commissioner as also its title deeds to the
disputed property. As this case is a typical example of an
irregular process spreading across the country, we propose to
E
refer to some aspects of the case at this preliminary stage itself.
2. The petitioner, a company incorporated under the
'{
Companies Act, claims that one Ramnath and his family
•
members sold two and half acres of land in Wazirabad village,
..
F
Gurgoan to them by means of an agreement of sale, General
Power of Attorney (for short 'GPA') and a will in the year 1991
for a consideration of Rs. 716,695/-. It is further alleged that the
petitioner verbally agreed to sell a part of the said property
measuring one acre to one Dharamvir Yadav for Rs.60 lakhs
in December 1996. It is stated that the said Dharamvir Yadav,
G
.., )
and his son Mohit Yadav (an ex MLA and Minister), instead of
--
proceeding with the transaction with the petitioner, directly got
in touch with Ramanath and his family members and in 1997
got a GPA in favour of Dharamvir Yadav in regard to the entire
H
-
1050
SUPREME COURT REPORTS [2009] 9 s.c.R.'
A · two and half acres executed and registered and illegally
cancelled the earlier GPA in favour of petitioner. The petitioner
claims that when its Director, S.K. Chandak, confronted
.Dharamvir Yadav in the year 1999 this behalf, the said Yadav
apologized and issued a cheque for Rs.10 lakhs towards part
, 8. payment and agreed to pay the balance of Rs.50 lakhs shortly
._ but that the said cheque was dishonoured necessitating a
complaint under section 138 of the Negotiable Instrument Act,
being filed against Dharamvir Yadav which is pending in a
criminal court at Patiala House, New Delhi. It is further alleged
c that in the year 2001, petitioner lodged a criminal complaint
against Ramanath and members of his family who executed the
sale agreement/ GPA/will in favour of the pExcerpt shown. Read the full judgment & AI analysis in Lexace.