S.S.Sodhi and Ashok Bhan JJ.

1. The matter here concerns an order of resumption of a lease-hold site and forfeiture of a part of the premium paid in respect thereof, under Sub-rule (3) of Rule 12 of the Chandigarh Lease Hold of Sites and Buildings Rules, 1973 (hereinafter referred to as the Rules).

2. The controversy raised being whether the setting aside of an order for resumption by the appellate or revisional authority, merely as a measure of concession and not because it is otherwise invalid, subject to the amount due, in respect of the site concerned, being paid by a specified date, would render invalid the other part of such order, namely that pertaining to upholding of default of payment by the defaulter of the amount of forfeiture too. Rule 12(3)of the rules reads as under:-

"12 Payment of premium and consequences of non-payment or late payment: - (3) In case any instalment is not paid by the lessee by the due date, a notice shall be served on the lessee calling upon him to pay the instalment within a month together with penalty which may extend upto 10 percent of the amount due. If the payment is not made within the said period of such extended period as may be all