Kashmir Chand Vs. Financial Commissioner, Haryana & Ors.
EmailAppeal: Civil Appeal No. 9753 of 1996
(Arising out of SLP (C) No.9134/94)
(From the Judgment and Order dated 19-08-1993 of the Punjab & Haryana High Court in L.P.A. No.355 of 1993)
(Arising out of SLP (C) No.9134/94)
(From the Judgment and Order dated 19-08-1993 of the Punjab & Haryana High Court in L.P.A. No.355 of 1993)
Petitioner: Kashmir Chand
Respondent: Financial Commissioner, Haryana & Ors.
Apeal: Civil Appeal No. 9753 of 1996
(Arising out of SLP (C) No.9134/94)
(From the Judgment and Order dated 19-08-1993 of the Punjab & Haryana High Court in L.P.A. No.355 of 1993)
(Arising out of SLP (C) No.9134/94)
(From the Judgment and Order dated 19-08-1993 of the Punjab & Haryana High Court in L.P.A. No.355 of 1993)
Judges: K. RAMASWAMY & G.B. PATTANAIK, JJ.
Date of Judgment: Jul 15, 1996
Appearances:
Mr. K.B. Rohtagi and Ms. Aparna Rohtagi, Advocates for the Appellants.
Mr. R. Bena, Advocate for the Respondents.
Head Note:
PRACTICE AND PROCEDURE
Sale of plot by open auction – Appellant was to Pay the balance amount – According to the counsel for the appellant, two instalments were paid and one was due – Accepting the statement of the counsel, the Court gave liberty to the appellant to pay the balance amount within 4 months.
JUDGEMENT:
O R D E R
1. Leave granted.
2. We have heard learned counsel on both sides.
3. Admittedly, the plot was sold in an open auction held in July, 1971 for a sum of Rs.46,000/-. The appellant has paid only 11,500/-. He was due of the balance sum of Rs.34,500/- In terms of the auction, he had not complied with the payment for well over 21 years. Consequently, he was demanded payment of a sum of Rs.3,78,000/- which he defaulted to pay. When allotment was sought to be cancelled he calling that action in question, filed a writ petition to the High Court. Pending writ petition, the High Court passed an order in a civil miscellaneous case. Therein the appellant had asserted that he had deposited the sum of Rs.34,500/- on September 21, 1992. The Court found that in case the said amount of Rs.34,500/- was deposited, as contended by the appellant, the balance amount of Rs.3,43,500 was directed to be deposited but he had not done. Consequently, the writ petition was dismissed and an appeal in the impugned order in MPA No.355/93 dated 19th August, 1993, the order of the learned single Judge was confirmed.
4. Though time was taken for filing the counter, the same was not filed by the respondents. It is stated by Shri K.B. Rohtagi, learned counsel for the appellant, that his client had already deposited two instalments of the amount with interest @ 12% and one instalment is due. We prima facie accept the statement of the counsel to be correct. In case those payments have already been made, the appellant is given liberty to pay the balance amount within a period of 4 months from today. In case he has not already deposited or if he commits default in payment of the amount as directed, this order would stand vacated and the order of the High Court would stand restored.
5. The appeal is accordingly disposed of. No costs.
1. Leave granted.
2. We have heard learned counsel on both sides.
3. Admittedly, the plot was sold in an open auction held in July, 1971 for a sum of Rs.46,000/-. The appellant has paid only 11,500/-. He was due of the balance sum of Rs.34,500/- In terms of the auction, he had not complied with the payment for well over 21 years. Consequently, he was demanded payment of a sum of Rs.3,78,000/- which he defaulted to pay. When allotment was sought to be cancelled he calling that action in question, filed a writ petition to the High Court. Pending writ petition, the High Court passed an order in a civil miscellaneous case. Therein the appellant had asserted that he had deposited the sum of Rs.34,500/- on September 21, 1992. The Court found that in case the said amount of Rs.34,500/- was deposited, as contended by the appellant, the balance amount of Rs.3,43,500 was directed to be deposited but he had not done. Consequently, the writ petition was dismissed and an appeal in the impugned order in MPA No.355/93 dated 19th August, 1993, the order of the learned single Judge was confirmed.
4. Though time was taken for filing the counter, the same was not filed by the respondents. It is stated by Shri K.B. Rohtagi, learned counsel for the appellant, that his client had already deposited two instalments of the amount with interest @ 12% and one instalment is due. We prima facie accept the statement of the counsel to be correct. In case those payments have already been made, the appellant is given liberty to pay the balance amount within a period of 4 months from today. In case he has not already deposited or if he commits default in payment of the amount as directed, this order would stand vacated and the order of the High Court would stand restored.
5. The appeal is accordingly disposed of. No costs.
