Law:

Section:

Contract Act (IX of 1872) ----- Ss. 51, 54 & 55 Contract Allotment, cancellation of Contention that obligations of parties being reciprocal and Government failing to fulfill obligations of delivering possession of plot, petitioner could not be called upon to make payment and his failure to do so cannot render him liable to cancellation of allotment Payment of 20% of price of plot as per conditions of allotment being a condition precedent for allotment and delivery of possession failure to do so, held, rendered petitioner liable to cancellation of plot. Champasy Bhara & Company v. Jivraj Balloo Spinning & Weaving Company Ltd. A I R 1923 P C 66 ref. ORDER ANWARUL HAQ, C J. The dispute in this case concerns the allotment of a building plot bearing No. 67 E situate in Satellite Town, Rawalpandi. It was allotted to the petitioner Abdul Latif Dar on 24th February, 1956 in lieu of the plot bearing No. 92 A which bad been originally allotted to him on 8th December, 1953. Its area is 9 kanals, 3 marlas and 85.5 sq. ft., out of which the petitioner was given possession of 7 kanals, 2 marlas and 212.50 sq. ft. on 3rd March. 1956. The possession of the remaining area measuring 2 kanals and 98 sq. ft. could not be delivered as it was under dispute with the Holy Family Hospital, and a note to this effect was made on the possession slip issued to the petitioner. While obtaining the original allotment of Plot No. 92 A, the petitioner had deposited a sum of Rs. 1401 so as to cover 20 per cent of the price of that plot, as was required under .clause (B) of the terms and conditions of allotment contained in circular UDD 35. He had also deposited the amount required for stamp paper for drawing up the relevant agreement between the parties. However, when the petitioner obtained the larger plot now it dispute, in lieu of Plot No. 92 A, he did not deposit the differences between the 20%of the price of the original plot and that of the price of the plot in dispute. He did not pay any other instalment either towards the payment of its price. On 31st December, 1958 a notice was issued to the petitioner for the payment of the balance of the price of the plot in addition to…

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