TMI Blog1972 (9) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... 000. 25% of the sale price was payable at the fall of the hammer. The balance sum with interest was payable in three equalinstallments of ₹ 25,615 each. The appellant paid 23, 500 being 25% of the sale price at the fall of the hammer. The appellant paid a further sum of ₹ 21,992 towards the first instalment. A sum of ₹ 3,623 was outstanding on the first instalment. The appellant made improvements on the site. The appellant raised construction thereon at his own expense. He invested about ₹ 1,50,000 in the shape of building and machinery. The appellant could not pay ₹ 3,623 being the balance of the first. instalment and the second and the third instalments. amounting to ₹ 25,615 each. The appellant aske ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Chief Administrator against the order of the Estate Officer. Section 10 also states that a revision application can be presented before the State Government against the order of the Chief Administrator. The appellant filed a writ petition in the High Court. The appellant challenged the validity of the orders of the respondents. The grounds for challenge were these. First, section 9 of the 1952 Act which provides for the resumption of property by the Estate Officer is ultra vires and unconstitutional. Secondly, section 9 provides for resumption of property and forfeiture of money paid which are unconstitutional and unreasonable restrictions on the right to hold property. Thirdly, the power conferred on the Estate Officer to take action und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion in writing of the Estate Officer shall not be entitled to sell, mortgage or otherwise transfer any right, title or interest in the site or building until the amount which is a first charge has been paid in full. Section 3 totally repels the conclusion arrived at by the High Court that the Government remains the owner until the entire Consideration money is paid. A charge is created for the unpaid portion of the consideration money. The prohibition against sale, mortgage or transfer by the transferee except with the previous permission of the Estate Officer of any right, title or interest in the site or building establishes the ownership and rights of the transferee. If the Government were the owner it could not be said that the transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation money, instahnents or any other due from the transferee. It is also open to the Government under section 8 of the Act to proceed against the transferee to realise the amount due on consideration money or on instalment or any other due as an arrear of land revenue. Section 8 provides penalty for default in payment of money and the recovery of the same as an arrear of land revenue. These remedies are deterrent and drastic. Section 9 of the 1952 Act empowers the Government to forfeit the whole or any part of the, money in case of nonpayment of consideration money or instalments or other dues for breach of covenants, Under the ordinary law of the land there is relief against forfeiture for breach of covenant or provisions. Section 9 do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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