- (1.) THESE two writ peti tions one of Zaqir Hussain, and the other Mohd. Aslam Ansari raised common questions and have been heard together.
(2.) SRI Mohit Kumar for Mohd. Aslam Ansari and SRI Vimlesh SRIvastava for Zaqir Hussain have been heard at substan tial length and both the supplementary affidavits have been examined. SRI U. K. Uniyal has appeared for the Allahabad Development Authority and the Vice Chairman, SRI Vishnu Pratap has ap peared for the Collector, Allahabad who is the recovering official. The petitioners are the allottees of different two shops in Nehru Commercial Complex in the locality known as Chowk Ghanta Ghar Allahabad, needless to say that this is the heart of the city and people clamour to get some shop here and there in that locality. From the pleadings made by the petitioners in the writ petition it ap pears that as per the original terms stated in the agreement the petitioners were re quired to pay instalments regularly every three months after paying a lump sum amount on allotment of respective shop to them. Both the petitioners have defaulted for the instalments fixed, there is no dis pute on this aspect. Recovery proceedings have started because of the aforesaid default and the amount claimed is supposed to include the upto date instalments, at the penal interest thereon. There is some dispute whether the instalments of Rs. 30,030. 00 fixed in the case of Zaqir Hussain and Rs. 33,5651-fixed in the case of Mohd. Aslam Ansari included the interest of the instalments added on compound basis (sic) the instal ment amounts so fixed. The Court is proceeding on the basis (sic) the aforesaid two instalment amounts included the (sic) interest payable and therefore, the (sic ).
(3.) GRIEVANCES have been raised in these petitions also by the petitioners with some of the contractual obligation which may be performed by the Allahabad Development Authority are still wanting. Petitioners Counsel said that due to sudden financial stringency the petitioners failed to pay the amount even though both the petitioners have paid regular instalments for quite long period and in the case of Zaqir Hussain the default began after June 1998 and in the case of Mohd. Aslam Ansari the default began in 1994.;