JUDGMENT

Hansaria, J.-Leave granted.

2. The short point which needs determination in these appeals is : How much of the earnest money deposited by the respondents should be allowed to be forfeited by the appellant ? The deposit had connection with the allotment of land made in favour of the respondents by the appellant, which proposal did not ultimately come through because of the escalation of premium, for which reasons the allottees refused to accept the allotment, resulting in cancellation of the same.

3. This Court had occasion to examine this very question in Delhi Development Authority v. Grihsthapana Co-operative Group Housing Society Ltd.1. It is by referring to this decision that the High Court, in the impugned judgments, has held that the appellant could have forfeited a sum of Rs. 5 lacs only. The appellant s case is that the facts in Grihsthapana s case were different; and so, what was decided therein is not applicable. The respondent s stand on the other hand is that their cases are covered by the aforesaid decision.

4. Shiv Jaitley, appearing for the appellant, has contended that the distinction lies in the fact that in Grihsthapana s case, the co-operative society had n