A BHAGYAMMA Vs. BENGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Site bearing No. 256 ad measuring 20' x 25' of Sonnenahalli further extension, Bangalore was allotted in favour of one Abdul Aleem. A lease-cum-sale agreement was also executed on 2nd February 1988. He was also put in possession pursuant to a Possession Certificate dated 23-4-1988.

(2.) The case of the petitioners is that the said Abdul Aleem was in financial difficulty and offered, to sell the property to the 2nd petitioner i.e. the husband of the 1st petitioner on 19-2-1988 for a consideration. He received more than 80% of the sale consideration on the date of execution of the sale agreement. He has also put the purchaser in possession of the schedule property and has delivered all the original documents issued by the respondent to the said Abdul Aleem. The balance of sale consideration was also paid. Hence, Abdul Aleem executed a registered General Power of Attorney on 28-4-1988 appointing the 2nd petitioner as his lawful attorney to deal with the schedule property, including transfer. The copy of the General Power of Attorney is at Annexure 'B'. The 2nd petitioner applied and obtained the building plan and has put up a Construction and has been residing there with petitioner No.1. The case of the petitioners is that after the embargo was removed, they made an application to the respondent-Bangalore Development Authority to execute a registered sale deed but however, the respondents declined and have issued an endorsement at Annexure 'J', which is impugned in this writ petition. The endorsement would disclose that the said Abdul Aleem had not given power to the 2nd petitioner to transfer the property in question. Hence, declined to execute the sale deed.

(3.) Mr. P. V. Chandrashekar, learned counsel appearing for the petitioners, in support of the writ petition submits that the transfer would also include sale. He further submits that a Circular is issued by the respondent-Bangalore Development Authority indicating that if the entire sale consideration is deposited with 25% penalty, the transfer document could be executed.