ESTATE OFFICER, HUDA, PANCHKULA Vs. DARYODHAN SINGH

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree grented 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 15th June, 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 deposit within the 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 plaintiff on 28th April. 1993. The plaintiff deposited a sum of Rs. 20,000 on 5th September, 1993.

(3.) THE suit was accompanied by an application for agent of ad -interim jurisdiction. The learned trial Court on 27th January, 2001 directed to maintain status -quo qua possession. On 26th April, 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 7th June, 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 judgment and decree under challenge in the present appeal.