THE ESTATE OFFICER AND ANR. Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree granted by the Courts below in respect of a booth allotted to the plaintiff.

(2.) THE plaintiff -respondent, was the highest bidder in respect of Booth No. 93, Sector 9, Panchkula, in the sum of Rs. 3,72,000/ -. 10% of the bid amount i.e. Rs. 37,200/ -was deposited by the plaintiff at the spot. An allotment letter was issued on 15.6.1988 thereafter. A sum of Rs. 55,800/ -was deposited within 30 days from the date of issue of the said letter by the plaintiff. The balance of Rs. 2,79,000/ -could be deposited within 60 days of the date of issuance of the letter or in 10 half yearly instalments. The plaintiff deposited an amount of Rs. 55,800/ -within the time prescribed. The physical possession of the booth was obtained by the plaintiff on 28.4.1993. The plaintiff deposited a sum of Rs. 20,000/ -on 5.9.1993.

(3.) THE suit was accompanied by an application for grant of ad - interim injunction. The learned trial Court on 27.1.2001 directed to maintain status -quo qua possession. On 26.4.2001, the Estate Officer has passed an order of resumption. After such order of resumption was passed, the plaintiff sought amendment of the plaint vide application dated 7.6.2001 so as to challenge the aforesaid order passed by the Estate Officer. The amendment sought was allowed. Thereafter, the defendant filed written statement and contested the suit. The suit was decreed by the Courts below vide the judgment and decree under challenge in the present appeal.