Suraj Lamp & Industries (P) Ld.Tr.Dir vs State Of Haryana & Anr on 11 October, 2011
In
fact, it was held by the Hon'ble Supreme Court in
Delhi Development Authority Vs. Vijaya C. Gurshaney
(Mrs.) & Anr. (supra) in the case of Suraj Lamp &
Industries Pvt. Ltd. Vs. State of Haryana & Anr.
(supra), that such enquiry is necessary as the
dishonest transferor very often to defraud the State
Exchequer enter into property deal with the dishonest
transferee in the guise of Power of Attorney Sale,
Agreement for sale with a General Power of Attorney
or living will transfer. On perusal of these judgments
it appears to me that such an inquiry in the present
case will result in futility as the state respondent
never intended to put any restriction on transfer by
way of bequest in the lease which is under
consideration before me unlike the cases which were
before the Hon'ble Supreme Court wherein transfer of
any description, without permission of the authority
was totally prohibited."