ORDER :

1. The delay of 62 days in filing the special leave petition is condoned.

2. This petition is directed against the judgment of the Punjab and Haryana High Court whereby the second appeal preferred by the respondents against the judgment and decree passed by the lower appellate Court was allowed and the decree passed by the trial Court dismissing the suit for declaration and injunction filed by the petitioner was restored.

3. On the basis of highest bid given by him, the Estate Officer, Haryana Urban Development Authority, Panchkula allotted built up booth No. 88, Sector 15, Panchkula to the petitioner subject to the terms and conditions enumerated in the allotment letter dated 12.1.1987. After about seven years, the competent authority resumed the booth together with the building constructed thereon because the petitioner persistently failed to pay the installments of price in accordance with the schedule specified in the allotment letter.

4. The appeal preferred by the petitioner was dismissed by the Administrator, Haryana Urban Development Authority, Panchkula.

5. The petitioner challenged the resumption of booth in Civil Suit No. 233 of 2007. After considering the rival plead