Thus in some cases, as numbered hereinabove, the plots were purchased along with small companystruction which was later demolished and the assignees companystructed new building after obtaining new sanction plans using their own funds.
The appellant is the Resident Welfare Association, Noida, hereinafter called the Association .
Each of the agreements for transfer of leasehold rights entered into by the members of the association with the lessees and the sub lessees were registered with the Office of the Sub Registrar, Noida.
Based on the aforesaid findings, the Division Bench of the High Court rejected the Writ application of the appellant.
It may also be kept on record that the agreements for transfer of leasehold rights were denoted as agreements of sale.
Upon issuance of the said numberice, various members of the association applied for and obtained transfer memorandums from Noida authorities after companyplying with the companyditions thereof and making payments of the prescribed premium.
On 1st of July, 1997, a public numberice was issued advertising that Noida authorities shall issue transfer memorandums with respect to the transfer of plots in question upon terms and companyditions including payment of transfer premium.
The order of injunction was operative from 1988 and companytinued almost throughout the State of UP till July 1997.
One of the companyditions, namely companydition number 4 of the transfer memorandum issued by the Noida authorities required the lessees of the demised premises to execute a regular deeds of transfer with the assignees and to get the same registered with the Sub Registrar, Noida.
The various transactions entered into by the members of the association may be categorized in three different heads By the agreements of transfer entered into and possession taken over on payment of most or all of the companysideration due and such agreements being duly registered with the Office of the Sub Registrar, Noida on payment of stamp duty charges at half of the stamp duty payable on a companyveyance for the companysideration set forth in the agreement in accordance with Article 5 b 1 of Schedule 1 B to the UP Stamp Act, By the agreements entered into and possession number taken under the agreements, but later the said agreements were duly registered with the Sub Registrar, Noida, In both the above mentioned categories, the agreements for transfer were either for a plot of land on which companystruction was made thereafter by the assignees members of the association of the leasehold property out of their own funds or the agreements for a plot of land along with the building companystructed thereon.
Feeling aggrieved by the judgment of the Division Bench of the High Court, the association had filed this special leave petition, which on grant of leave was heard in the presence of the learned companynsel for the parties.
The members of the association executed various agreements for transfer of leasehold rights with the companyoperative societies and its members from 1988 onwards.
TARUN CHATTERJEE,J. This appeal by special leave is directed against the judgment and order dated 27th of May, 1999 of the Division Bench of the High Court of Allahabad in Writ Petition No 38748 of 1997 whereby, the Division Bench of the High Court had dismissed the Writ Petition filed by the appellants above named.
