LAWS(SC)-1996-7-63

KASHMIR CHAND Vs. FINANCIAL COMMISSIONER HARYANA

Decided On July 15, 1996
KASHMIR CHAND Appellant
V/S
FINANCIAL COMMISSIONER HARYANA Respondents

JUDGEMENT

(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. 00. The appellant has paid only Rs. 11,500. 00. He was due for the balance sum of Rs. 34,500. 00. 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. 00 which he defaulted to pay. When allotment was sought to be cancelled he, calling that action in question, filed a writ petition in 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. 00 on 21/9/1992. The court found that in case the said amount ofrs. 34,500. 00 was deposited, as contended by the appellant, the balance amount of Rs. 3,43,500. 00 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 of 1993 dated 19-8-1993, the order of the learned Single Judge was confirmed