D.S. Tewatia, J. - (1.) The Petitioner who purchased the package deal property in question in a restricted auction sale on 15.7.1975 for a sum of Rs. 30,200/ - has impugned the order of the Chief Sales Commissioner dated 5.12.1978 whereby he accepted the second appeal of Respondent No. 2, and set aside the order dated 17.5.1976. Annexure P. 3 of Settlement Commissioner who had dismissed the first appeal of Respondent No 2 against the order dated 16.7.1973 of the Tehsildar (Sales) who cancelled transfer of the package deal property in question sold to him in a restricted sale thereof on 21.1.1967 for a sum of Rs. 10,300/ - on the ground that Respondent No. 2 had failed to comply with the terms of payment of the sale amount and became defaulter.
(2.) The Petitioner has impugned the order of the Chief Sales Commissioner inter alia on the grounds: - (i) that no second appeal was competent against the order of Settlement Commissioner dated 17 -5 -1976; (ii) that he had not been designated Chief Sales Commissioner in terms of Sec. 3 of the Punjab Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to as the Act) and therefore, he had no jurisdiction even to entertain the appeal, and (iii) that the reason given by him for allowing the appeal and setting aside the order of the Settlement Commissioner and that of the Tehsildar (Sales) dated 16.7.1973, was perverse.
(3.) While dismissing the first appeal of Respondent No. 2, the Settlement Commissioner held that Respondent No. 2, herein had deliberately delayed in filing the appeal on August 7, 1975 against the order of the Tehsildar (Sales) Dated 16.7.1973. The appeal was, therefore, - (i) highly belated; (ii) that Respondent No. 2 was habitual defaulter; and (iii) that he was not residing in the village and was getting the land cultivated through some other person.;