IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No. 8787-C of 2007 and RSA No. 3132 of 2007 Date of decision: 25.3.2009 The Haryana Urban Development Authority through tis Administrator, Manimajra &another … Appellants. Versus Des Raj and others … Respondents Present: Mr.Manish Bansal, Advocate, for the appellants Mr. Akshay Bhan, Advocate for the respondents. … ARVIND KUMAR, J: C.M. No. 8787-C of 2007: For the reasons mentioned in the application, the delay of 16 days in filing the appeal is condoned. C.M. stands disposed of accordingly. RSA No. 3132 of 2007: The present appeal is directed by the defendant-HUDA against the judgment and decree of the First Appellate Court whereby the appeal filed by the plaintiffs has been allowed and judgment and decree of the Trial Court dismissing the suit of the plaintiffs, has been set aside. As per the case set out by the plaintiffs in their plaint, they being the highest bidder, were allotted SCO No.86, Sector 5, Panchkula on 20.4.1989 for a consideration of Rs.18,53,250/- out of which a sum of Rs.2,47,100/- was deposited by them at the time of fall of hammer. Thereafter, on issuance of allotment letter, they deposited a sum of Rs.3,70,650/-. The remaining amount was to be paid in 8 half yearly installments. The sale price also included development charges and the possession of the plot was to be handed over to the allottees after development of the site/area. According to the allotment letter, the allottees had to complete the construction work on the site within two years of the RSA No. 3132 of 2007 -2- date of offer of possession or within the extended period. The plaintiffs stated that although possession of the site had been shown to have been delivered to them on 26.5.1989 but the site in dispute had not been developed till date and as such, handing over of the possession was of no avail. It was stated that the rate of interest as per development letter was only 10 per cent whereas the defendants had imposed interest at the rate of 18 per cent. Plaintiffs stated that a show cause notice under Section 17(1) of the Haryana Urban Development Authority Act,1977 (hereinafter referred to as the Act) was received by them on 12.11.1991 asking them to deposit of Rs. 19,41,945/-. Thereafter, two notices dated 20.7.1992 and 26.8.1992 under Section 17(4) of the Act and for carrying out resumption proceedings was also received. Hence, the suit. Upon notice of the suit, defendants in their written statement stated that the plaintiffs had not deposited the instalments even after issuance of notices under Section 17 of the Act and as such, resumption order dated 25.5.1993 was rightly passed against them. Trial Court upon appreciation of evidence adduced before it, vide judgment and decree dated 31.7.2006, dismissed the suit of the plaintiffs. However, on appeal by the plaintiffs, the judgment and decree of the trial Court was set aside by the first appellate Court vide judgment and decree dated 27.4.2007 and a decree of permanent injunction restraining the defendants from resuming the suit property was passed subject to the condition that the plaintiffs shall deposit all the instalments along with interest at the rate of 10 per cent per annum from the date the same had become due till the date of payment as calculated in the said judgment. The amount already deposited by the plaintiffs was ordered to be adjusted. However, it was ordered that in the event of failure on the part of the plaintiff to deposit the amount within two months, the defendants would be at liberty to resume the property in dispute as per rules and regulations of the HUDA Act of 1977. In this second appeal, learned counsel for the appellant- defendant has not been able to show to this Court as to how the finding recorded by first appellate Court suffers from any infirmity or is contrary to the record. No question of law, muchless substantial, arises in the present appeal. RSA No. 3132 of 2007 -3- Consequently, the appeal being without any merit is hereby dismissed. March 25, 2009 ( ARVIND KUMAR ) JS JUDGE