JAGDISHCHANDRADHEYSHYAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is by certificate from the judgment dated 21 February, 1966 of the High Court of Punjab and Haryana at Chandigarh.

(2.) The appellant at a public auction held by the Estate Officer, Capital Project, Chandigarh on 21 December, 1958 purchased site No. 43 in the Grain Market, Chandigarh. The purchase price was Rs. 94,000. 25% of the sale price was payable at the fall of the hammer. The balance sum with interest was payable in three equal instalments of Rs. 25.615 each. The appellant paid Rs. 23,500 being 25% of the sale price at the fall of the hammer. The appellant paid a further sum of Rs. 21,992 towards the first instalment. A sum of Rs. 3623 was outstanding on the first instalment. The appellant made inprovements on the site. The appellant raised construction thereon at his own expense. He invested about Rs. 1,50,000 in the shape of building and machinery. The appellant could not pay Rs. 3,623 being the balance of the first instalment and the second and the third instalments amounting to Rs. 25,615 each.

(3.) The appellant asked for instalments because the appellant was in financial difficulty. Eventually, the Estate Officer on 2 January, 1962 resumed the site and forfeited the amount of Rs. 42,728.01 paid by the appellant. The order of resumption and forfeiture was made by the Estate Officer (Capital Project), Chandigarh in exercise of powers under Section 9 of the Capital of Punjab (Development and Regulation) Act, 1952 referred to as the 1952 Act.