Allahabad H.C : The petitioner filed an objection to the attachment and sale of the house in question.

High Court Of Allahabad

Smt. Surendra Kaur vs. CIT & Ors.

Section 222

B.P. Jeevan Reddy, C.J. & S.C. Verma, J.

Civil Misc. Writ Petn. No. 268 of 1988

23rd August, 1990

BY THE COURT:

List revised. No one appears for the petitioner. The petitioner filed an objection to the attachment and sale of the house in question. The said house was sought to be sold by the TRO for realisation of tax arrears due from one Marinder Singh. The petitioner herself states, vide para 32 of the writ petition, that she had filed a suit for a declaration that she is owner of the house in dispute on the basis of the will. In such a situation, the writ petition cannot be entertained. The petitioner can work out her remedies under the law in the said civil suit.

The writ petition is dismissed with costs. Interim stay order is vacated.

[Citation : 188 ITR 110]

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