Surinder Gupta, J. - (1.) This is second appeal by Haryana Urban Development Authority (HUDA) against judgment and decree passed by Civil Judge (Junior Division), Faridabad, which was slightly modified by Ist Appellate Court regarding quantum of interest on balance allotment amount to which appellant is entitled.
(2.) Case of plaintiffs, in brief, is that a commercial booth no. 41, Sector 30, Faridabad was allotted to plaintiff-Naresh Kumar (since deceased now represented by his legal heirs) through public auction vide allotment letter dated 27.11.1997. Plaintiff paid Rs. 1,56,750/- being 25% of the total price within stipulated period. Balance amount was payable in instalments with interest @ 15% per annum, which plaintiff could not deposit in time. Plaintiff approached the defendants to supply details of balance outstanding amount and was apprised that Rs. 8,71,940/- was due against the booth allotted to him. On enquiry, it came to notice of plaintiff that defendants have charged compounded interest. No notice was ever issued to plaintiff under Section 17 of the HUDA Act and appellants-defendants threatened to dispossess plaintiff from suit property.
(3.) Defendants contested the claim of plaintiff inter alia pleading that jurisdiction of civil court is barred under Section 50 (2) of HUDA Act, 1977. The booth stood resumed vide order dated 16.01.2001 due to nonpayment of due amount, which plaintiff had failed to deposit despite notice under Section 17 (1) (2) (3) (4) of HUDA Act, 1977. Appeal filed by plaintiff was also dismissed by Administrator, HUDA vide order dated 04.12.2001 and intimation to this effect was sent to plaintiff vide letter dated 08.01.2002. After resumption of booth, HUDA has every right to evict the plaintiff from booth in question.;