KASHMIR CHAND
v.
FINANCIAL COMMISSIONER, HARYANA AND ORS.
JULY 15, 1996
[K. RAMASWAMY AND G.B. PATIANAIK, JJ.]
Auction sale-Payment-Default-Cancellation of allotment Joi-Ap-
pellant purchase plot in auction--Only pwt of sale price paid fm~Default for
more than 21 years in respect of balance amount-Cancellation of allot-
ment-Wlit-Dismissal by High Court-Appeal-Statement by purchaser's
counsel that two instabnents with interest paid and one remains due-Accep-
tance of statement of counsel-Purchaser given liberty to pay the balance
amount within 4 months-In case of default High Cowt order to be restored.
A
B
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9753 of
1996.
])
From the Judgment and Order dated 19.8.93 of the Punjab &
Haryana High Court in L.P.A. No. 355 of 1993.
K.B. Rohtagi and Ms. Aprana Rohtagi for the Appellant.
R. Barra for the Respondents.
· The following Order of the Court was delivered :
Leave granted.
We have heard learned counsel on both sides.
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 Rs. 11,500. He was
E
F
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 G
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 H
591
592
SUPREME COURT REPORTS [1996) SUPP. 3 S.C.R.
A 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. Conse-
quently, the \Vrit petition \Vas dismissed and an appeal in the impugned
order in MPA No. 355/93 dated 19th August, 1993, the order of the learned
B single Judge was confirn1ed.
Though time was taken for filing the counter, the same was not filed
by the respondents. Tl 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 P1i111a fade
C 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.
D
The appeal is accordingly disposed of. No costs.
T.N.A.
Appeal disposed of.
Lex