RAM LAL ANAND Vs. BEGUM ZAMAN ALI KHAN

JUDGEMENT

(1.) The J.D. by letter dt. 13.9,1979 refuted the stand taken by the L.D.O. in the letter dt. 1.9.1979 and further alleged that the request for grant of permission to sell the property Was made in 1976 and the department took more than 3 years to oner the terms which had been complied with by remitting the demand draft. The demand draft was again sent with a request to accept the amount and grant the permission. But she was informed by letter dt. 4.10.1979 by (he L.D.O. that the terms issued to her on 19.6.1979 had correctly been cancelled and she would be commnicated the revised terms. By letter dt. 3.11.1979 she was given the revised terms. by which an amount of Rs. 3,74,782.00 was claimed for granting the permission for the transfer. Thereafter the J.D. made several representations to deptt. saying it had wrongly and illegally cancelled and withdarwn the terms offered by letter dt. 19.6.1979 as the payment was made in compliance with those terms, but those representations did not find favour with the Govt.

(2.) I have heard the learned counsel for the parties. Counsel for the D.H. contended that the terms of letter dt. 19.6.1979 were wrongly withdrawn and the amount of Rs. 86,849.95 claimed by the department had been paid within the reasonable time and as such the department had no right to withdraw and cancel those terms and conditions. It has also contended that the amount was paid within 50 days from the issuance of the letter dt. 19.6.1979. It is further contended that the period of 30 days was not the essence of the offer as it was not warranted by the terms and conditions of the lease deed or was prescribed anywhere else. The department was not within its right to withdraw those terms after the expiry of 30 days. His further argument is that it was also provided in the letter dt. 19.6.l979 that if the amount was not paid within the period stipulated then the amount had to be paid with interest 10% on the total dues from the date of issuance of the letter. The terms and conditions itself visualised that amount could be paid after the period of 30 days with interest @ 10%.

(3.) On the other hand the contention of Mr. Watwani, appearing for the U.O.I. is that it was clearly stipulated in the letter dt. 19.6.1979 that in case the terms and conditions were not complied with, those would automatically stand withdrawn and cancelled and by letter dt. 2.8.1979 those terms were actually withdrawn and cancelled.