SARDARNI MOHINDER KAUR Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) Plot No. 27, Street 'G' in Sector 16A, Chandigarh, was sold for a sum of Rs. 4,000/- to the petitioner by allotment on March 3, 1953. She deposited a sum of Rs. 1,000/- in cash with the Estate Officer and submitted some verified claims for the adjustment of the remaining price of the plot. On September 12, 1961, she executed a power of attorney in favour of one Gurdit Singh Bedi, entitling him to sell this plot on her behalf. On September 15, 1961, Shri Gurdit Singh Bedi, attorney of the petitioner, entered into an agreement with respondent No. 2 for the transfer of this plot to him for a sum of Rs. 4500/-. Simultaneously, he got an affidavit attested wherein it was mentioned that he had received full price of the plot for and on behalf of the petitioner from respondent No. 2. Respondent No. 2 also swore an affidavit, undertaking to pay all sums due to the Government in connection with the site mentioned above, and to abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, and the rules made thereunder. Thus, an application dated September 15, 1961 complete in all respects was made to the Estate Officer for the transfer of the said plot from the name of the petitioner to the name of respondent No. 2.

(2.) Vide memo. No. 1425/RP/3435 dated February 16, 1962, the Estate Officer informed respondent No. 2 that a sum of Rs. 1,268.75 p. was still outstanding against the petitioner, which should be paid within a week, so that further action regarding the transfer of the plot might be taken. Accordingly, respondent No. 2 paid Rs. 1000/- by demand draft dated October 20, 19621, Rs. 269/- by cheque dated June 25, 1962, Rs. 28.50 by money order on October 10, 1962 and Rs. 299.55 p. on September 23, 1967.

(3.) After respondent No. 2 had deposited these amounts, the Estate Officer informed the petitioner vide memo No. 1366/RP/3435 dated February 11, 1963, that the verified claims submitted by the petitioner for adjustment of 75 per cent of the price of the plot has become ineffective, inasmuch as the compensation payable in respect of them had been exhausted. The petitioner claims that by cheque dated April 15, 1863, she deposited a sum of Rs. 3,271.12 p. and a further sum of Rs. 1,059.12 p. as interest due on Rs. 3,271.12 p. by cheque dated June 19, 1963, with the Estate Officer.