ARYNA GUPTA Vs. LUDHIANA IMPROVEMENT TRUST

JUDGEMENT

(1.) This will dispose of R.S.A. No. 1448 of 1978 as the question involved is common in both the appeal.

(2.) This is plaintiff's second appeal whose suit for permanent injunction restraining the dependent from resuming Booth No. 87 has been dismissed.

(3.) Plaintiff Krishan Lal (now deceased) filed a suit against the Ludhiana Improvement Trust for permanent injunction to the effect that the defendant be restrained from resuming Booth No. 87 and from forfeiting the advance amount of Rs. 3800/- and also from taking possession of the said Booth. According to the plaintiff, the said booth was put to public auction by the Improvement Trust on 24th August, 1971, and the plaintiff was declared the highest bidder at Rs. 16,000/-. He paid Rs. 38,00/- as advance out of the said sale price on the same date and the possession of the Booth was given to him. Later on, he received a notice Exhibit PW 2/3 dated 4th September, 1973, calling upon him to show cause as to why the Booth be not resumed and Rs. 3800/- be not forfeited as he had not paid the balance amount of Rs. 8480/-. He sent his reply on 10th September, 1983 (Exhibit PW3/1), and along with it he also sent a cheque for Rs. 8480/-. According to the plaintiff since he was away from Ludhiana for more than one year and, therefore, he was unable to pay the instalments. However, the defendant did not accept the cheque and the same was returned with a letter dated 2nd November 1973. According to the plaintiff, in the circumstances the order of resumption of the Booth was illegal, ultra vires and without jurisdiction.