TOWN CITY ENTERPRISES Vs. CIDCO LTD

JUDGEMENT

(1.) RULE . By consent, rule is made returnable forthwith. Heard parties.

(2.) FACTS of the present petition are peculiar and distinct from the facts arising in several other similar petitions which are pending in this Court. Present petition seeks to impugn the action on the part of the first respondent CIDCO in forfeiting 25% of amount of the lease premium paid in respect of the lands in question, in addition to the forfeiture of the earnest money deposit.

(3.) IT would, thus, appear that all that can be forfeited in either of the eventualities namely the lessee withdrawing his offer before issued of the letter of acceptances or after paying the first or second instalment the only amount which can be forfeited is the earnest money deposit. Similarly, in the letter of allotment, at Exhibit B-1 to the petition, it has been provided, as under: