Rakesh Kumar Garg, J.

1. Mr. Ashok Jindal, Additional Advocate General, Haryana has placed on record a photocopy of memo dated 21.9.2010 granting sanction of the Government to pursue this appeal. The same is taken on record.

2. This is defendants second appeal challenging the judgment and decrees of the Courts below decreeing the suit of the plaintiff-respondent for declaration to the effect that he was entitled to interest on the delayed payment @ 9% per annum.

3. As per the averments made in the plaint, the appellant auctioned the surplus land on 9.7.2003 as per the terms and conditions.

4. One of the terms and conditions for participating in the auction was to deposit advance money to the extent of 5% of the reserve price and no interest was to be paid on such advance money deposited with the Haryana Government at the time of refund. The another condition which is relevant was that the highest bidder was required to deposit 25% of the auction money at the spot along with advance money already deposited by the bidder and the remaining amount of 75% was to be deposited on receipt of sanction from the competent Authority.

5. In the aforesaid auction, the plaintiff was the h