D D A Vs. G L DUDANI

JUDGEMENT

(1.) APPELLANT has been vide order dated 8.11.2002 directed to pay interest on the amount of Rs. 31,750/ - deposited by the respondent towards the conversion of lease hold property to free hold on the basis of being a holder of power of attorney. The impugned order has been challenged mainly on the ground that the respondent being holder of power of attorney was not entitled to be given a sale permission as he as attorney applied for sale permission in favour of Smt. Sushma Dudani and the sale permission was not granted on account of non -deposit of the cost of the flat and the ground rent.

(2.) ADMITTEDLY in the intervening period the Govt. of India declared a policy of conversion of lease hold property into free hold granting the right to the attorney holders also. Accordingly, the wife of the respondent applied for conversion of the property from lease hold to free hold on 17.1.1995 but did not deposit the conversion charges. On deposit of the conversion charges the conveyance deed was executed in favour of Smt. Sushma Dudani. On 6.3.1998 the respondent submitted a no objection certificate from the original lease holder for refund of Rs. 31,750/ - deposited by the respondent in his favour. However, the refund was made only on 14.1.1999.

(3.) THERE is no dispute that a sum of Rs. 31,750/ - was deposited by the respondent on 3.4.1990 for the purpose of sale permission in his capacity as attorney of the original allottee in pursuance of the scheme advertised by the Government of India on account of unearned increase. It was after a period of three years i.e., on 17.6.1993 that respondent was asked to deposit Rs. 935/ - as an arrear of ground rent which he deposited in July, 93.