Rakesh Kumar Garg, J.

1. CM No.10068-C of 2010

CM is allowed subject to all just exceptions.

RSA No.76 of 2010

This is defendants second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent was decreed to the effect that she will not be dispossessed from the demised property till a fresh demand with modified rate of interest as per the judgment of the Honble Supreme Court in Roochira Ceremics v. HUDA and others 1 (2001-2)128 PLR 218 (SC) is raised by the appellants.

2. As per the averments made in the suit, the plaintiff-respondent purchased the suit property in an open auction on 18.4.1981. As per the terms of allotment letter, each installment was recoverable together with interest on the balance price at 10% interest. The payment of full price of the plot was made in September 1992. It is admitted by the appellants that the respondent made payment of interest as per terms and conditions of allotment letter. However, the demand notice dated 30.12.1998 was issued in which 18% compound interest on delayed payment was demanded whereas such a demand was illegal. Hence, the present suit.

3. On issuance of notice, appellants f