S.B.MAJMUDAR, S.P.KURDUKAR
Surinder Kaur – Appellant
Versus
Government Of Punjab – Respondent
ORDER
1. Leave granted. We have heard learned counsel for the parties finally in this appeal.
2. The short question is when the appellate authority by its order dated 22-11-1995 set aside the resumption order and restored the disputed site to the appellant whether it was justified in directing the appellant to pay 7% regular interest for the defaulted payment of instalments of purchase price together with 18% penal interest. So far as the question of penal interest was concerned, the matter was carried by the appellant before the revisional authority which observed in para 6 of its order to the following effect :
"6. I have heard both the parties at length and have also gone through the record placed on file very carefully. Having done so, I am afraid, I am unable to appreciate the arguments put forth by the learned counsel for the petitioner. The only ground put forward for the petitioners inability is her bad financial position. It is noted that the SCF was allotted in May 1987 and the total money was to be paid by May 1991. The petitioner after paying the initial 25% of the auction-money, failed to pay any amount for a number of years. The ground for bad financial position could
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