MOHINDER SINGH Vs. ESTATE OFFICER CAPITAL PROJECT CHANDIGARH

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent has been directed against the judgment of a learned Single Judge dismissing the writ petition of the appellant.

(2.) THE facts about which there seems to be no dispute are that the appellant obtained a loan of Rs. 14,000. 00 under the "house building Loans Scheme for the year 1958-59" from the Punjab Government for the purpose of constructing a pucca residential house on the site measuring 1784. 7 sq. ft. bearing No. 46 Street E. Sector 23-D. Chandigarh, on June 14, 1958 and executed a security bond for the same. The amount was repayable in thirty half yearly equated instalments of principal and interest the first instalment falling due on the date of the expiry of six months from the date on which the loan amount was placed in the joint current account of the loanee and the Estate Officer with the State Bank of India, Chandigarh. According to the statement of account placed on record on behalf of the Chandigarh Administration the first instalment became due on January 3, 1959. Each instalment was to be of Rs. 668. 92. The appellant did not pay the instalments on the due dates. On April 23, 1968, a notice was issued to the appellant by the Assistant Collector II Grade, Chandigarh Administration reading as under:-

(3.) IT is quite evident from the reading of the judgment of the learned Single Judge that the case was not properly argued before him with the result that a proper decision could not be rendered.