Held that the assessee had acquired any right, title or interest in the immoveable property when it into an agreement to purchase the property. The amount received by the assessee pursuant to the consent decree passed by the High Court in the suit for specific performance filed by the assessee following the default committed by the vendor by selling the said property to its tenants instead of assessee is not taxable under the head capital gains. Followed Sterling Construction & Investments v. ACIT (2015) 374 ITR 474 (Bom)(HC) (AY. 2011-12)