Ude Ram and ors. vs State of Haryana and ors.

M.M. Punchhi and Amarjeet Chaudhary, J.

The petitioners herein, who were successful bidders of respective plots in the New Mandi Township Ratia, have approached this Court for an alternate relief (i) they be delivered possession of the plots sold to them, or (ii) delivered back their price with uptodate interest. it is clear from the return that the respondents are not in a position presently to deliver plots to the petitioners though the auction took place way back in the year 1982. Now no one would block his money in the eventful hope that some day he would get the benefit thereof in the form of real estate. In these circumstances, Mr. Sardana, counsel for respondent No. 2, says that the respondent would be willing to return the price paid to the petitioner but without interest. So we settle this petition that the respondent/respondents shall pay back all sums which the petitioners paid towards the price of the plots.

As is plain, the whole bargain is failing on account of the failure of the respondents in providing plots to the petitioners. In these circumstances it is legitimate for the petitioners not only to ask for the refund of the payments made, but also interest thereon. We, therefore, direct that the petitioners be paid interest at the rate of 12 per cent per annum from the date of payment of any particular sum till it is repaid back by the respondent/respondents. This petition is accordingly allowed in these terms. Sequally the order Annexure P.2 for imposition of penalty stands quashed.