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urmal (self)     19 September 2011

Permanent injunction

sir i was allotted lig flat by PUD A (Punjab Urban Planning & Development Authority) in 2005. i paid them allotment money 15% ,balance was to be paid in 180  monthly installments  and took the possession.after that i could not pay some of installment and they send me notices.i filed suit for injunction, rendition of accounts before civil judge junior division stating that authorities are   not supplying me copy of account. after filling suit they passed cancellation order saying i have not paid 43 monthly installments rather i have not paid even a single  installment after allotment.where as my stand is that though i have paid installments but i donot have record.my question is weather i am not entitled for any relief as i  have defaulted in payment although in terms of  allotment letter a clause is there  for interest, penalty for late payment even  beyond 3 years of  defaulted  time ,kindly suggest where do i stand  legally,i shall be thankful to you.



 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 September 2011

when you are defaulter society has right to cancel the allotment.  It is better to go thru., the conditions of the allotment .

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 September 2011

It was good on your part to deposi the balance amoun rather staring such litigation. As is evidence, you have hought to pass some more time for making payment and didn't got say order against cancellation of allotment and PUDA took its benefit.

 

Now amend your suit and insert the relief of seting aside cancellation order and seek stay order against re-allotmen of this plo in favour of some other person during the pendency of your suit.

urmal (self)     20 September 2011

sir i prayed for stay  order against cancellation of allotment,puda cancelled it during pend ency of my application,regarding  relief of setting aside cancellation order,that is prayed for,  stay order against re-allotment of this flat in favor of some other person during the pend ency of  suit is also prayed for.


 


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