RAJ KUMAR Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Plaintiffs are in second appeal having remained unsuccessful in both the courts below.

(2.) Disputed commercial booth in Sector 15-A, Faridabad was allotted to plaintiffs vide allotment letter dated 21.08.1989 by Haryana Urban Development Authority (HUDA). The plaintiffs deposited 25% amount of the total sale consideration. However, thereafter for almost eight years, the plaintiffs did not pay the balance sale price. Defendants issued notices under sub-sections (1), (2), (3) and (4) of Section 17 of the HUDA Act, 1977 (in short the Act). The plaintiffs, by filing the suit, challenged the said notices on the ground that the defendants were demanding huge amount of Rs.17,63,150/- as outstanding amount illegally. It is alleged that the said amount is not due.

(3.) The defendants raised various preliminary objections. On merits, it was admitted that the disputed booth was allotted to the plaintiffs and they deposited 15% of the price thereof. However, the plaintiffs failed to pay the balance amount as per terms and conditions of the allotment letter and therefore, impugned notices under sub-sections (1), (2), (3) and (4) of Section 17 of the Act were issued, but inspite thereof, they failed to pay the balance amount and therefore, resumption order has been legally passed. Learned Civil Judge (Junior Division), Faridabad, vide judgment and decree dated 31.01.2004, dismissed the suit. First appeal preferred by the plaintiffs has also been dismissed by learned Additional District Judge, Faridabad, vide judgment and decree dated 24.12.2007. Feeling aggrieved, the instant second appeal has been preferred by the plaintiffs.