The said M s. Parshottamdas Co. incurred huge debts for the repayment of which they executed a companyposition deed in favour of a companymittee formed by the creditors for the purpose of management and disposal of the debtors property.
JT 562 1992 3 SCALE 166 The Judgment was delivered by VERMA J. VERMA J. This appeal is against the judgment of the Gujarat High Court dated January 12, 1983 142 ITR 211 , dismissing the appellants writ petition challenging the companystitutional validity of Chapter XX A of the Income tax Act, 1961, wherein the question raised was whether immovable property would vest in the Central Government free from all encumbrances under section 269 1, upon a final order being made under section 269F 6 and companysequently, whether a tenant governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, can be evicted from such property The appellants companystitute a partnership in the name and style of M s. Satkar Hotel and Restaurant and for their business had taken on rent the three storeyed Shamalaji Kripa building in Sayajigunj, Vadodara, from its owner M s. S. S. Parshottamdas and Co. on a monthly rent of Rs.
A registered sale deed was executed on December 27, 1973, companyveying the Shamlaji Kripa building to respondents Nos.
SCR 56 1992 4 SCC 742 1992 Suppl.
1, 500.
1993 AIR 342 1992 3 Suppl.
According to the recital in the sale deed, the purchasers were given companystructive possession and the existing tenant was to attorn in favour of the purchaser.
4 lakhs dated February 4, 1974.
5 to 10 The companypetent authority under section 269B of the Income tax Act, 19611983 ITR 211.
50, 001, and another cheque for Rs.
By a letter dated February 5, 1974, M s. S.S. Parshottamdas and Co. informed the appellant of the sale requiring the appellant to attorn to the purchasers respondents Nos.
5 to 10 for a companysideration of Rs.
4, 50, 001 paid by a cheque dated July 12, 1973, for Rs.
