L.N.MITTAL,J. - (1.) PLAINTIFFS Kamla Devi and her son Naresh Kumar having being non-suited by both the courts below are in second appeal.
(2.) DEFENDANT no. 1-Haryana Urban Development Authority (HUDA) through its Estate Officer-defendant no. 2 allotted Booth No. 25 Sector-4, Panchkula to the plaintiffs vide allotment letter dated 5.10.1987 for Rs. 1,95,000/- pursuant to open auction being highest bidders. The plaintiffs deposited 25% of the bid money with the defendants but failed to deposit the balance amount. Plaintiffs alleged that the balance money could be deposited within 60 days of allotment letter without interest or in 10 half yearly installments with interest @ 10% per annum. However, defendants started demanding interest at higher rate and also started demanding compound interest. The plaintiffs in the suit challenged the said action of the defendants and sought declaration that resumption order, if any, suit property is illegal and null and void. Defendants resisted the suit and pleaded that various notices were issued to the plaintiffs for depositing balance due amount and also show cause notices were issued and ultimately resumption order dated 1.2.1993 was passed by defendant no. 2 resuming the suit property. Action of the defendants has been defended and the resumption order was pleaded to be legal and valid. Bar of jurisdiction of civil court by section 50 of the HUDA Act was also pleaded. Both the courts below have dismissed the suit of the plaintiffs who have, therefore, filed the instant second appeal.
(3.) I have heard learned counsel for the parties and perused the case file. Plaintiff no. 2 while appearing in the witness box admitted receipt of some of the notices from the defendants. On the other hand, defendants' official Labh Singh DW1 admitted that some of the notices sent to the defendants were received back undelivered. It is also so mentioned in the resumption order dated 1.2.1993.;