( 1 ). This Letters Patent Appeal arises out of a judgment and order dated 30/09/1996 whereby and whereunder the writ petition filed by the appellant herein was dismissed. The factual matrix of the matter is not in dispute.

( 2 ). An auction was sought to be held in respect of plot No. 200 at shankar Road, New Delhi by the respondent herein. The appellant participated in the bid and became the highest bidder. The total amount of the bid was rs. 29,35,000/ -. He deposited the requisite earnest money of Rs. 7,33,750. 00. A demand notice asking for deposit of the balance amount of Rs. 22,12,095. 00 was issued in May 1995.

( 3 ). The due date for the payment of the said amount was 1/07/1995. It has been accepted by the petitioner that he was owner of plot in Block No. D-1030, New Friends Colony, New Delhi which was sold by him to one Shri Amar singh by way of General Power of Attorney and Agreement to Sell dated 9/08/1978. According to him, on the date of acceptance of bid, he was neither the owner nor in possession of the said premises. The appellant, however, was under a mistaken notion that as he owned the afore-mentioned plot, he was not entitled to bid for the said plot