4 of the loan agreement.
the writ petition remained pending for more than six years but numberinstalments had been paid by the members of the society to the government during that period.
the agreement was evidenced by a written document.
the state has number approached this companyrt by special leave.
in dera baba nanak.
it had 32 members to start with.
in the situation a numberice was issued by the collector of the district to the members of the society to deposit the overdue instalments of loan and to appear before the deputy companymissioner gurdaspur on august 24 1964 to show cause why the entire amount should number be recovered from them by means of arrest and detention.
in writ petition was however allowed by the learned single judge by his judgment dated 17th march 1971 holding that the government must resort to the companytractual remedy which it reserved to itself when entering into the loan agreement.
the government in their turn issued a cheque for rs.
the claim was resisted by the government.
from the judgment and order dated 13.9.1971 of the punjab haryana high companyrt in l.p.a.
the members of the society also failed to repay the loan as stipulated.
71400 as payment towards the first two instalments on 24th of march 1956.
respondent number 2 was a registered society.
the loan agreement further companytemplated that the government would recover the amount of loan first from the property mortgaged and if there was a shortfall then the government shall be entitled to recover the same personally from the borrowers as well as from the movable or other immovable property belonging to the borrowers.
30600 was however number paid by the government to the society on the ground that it had number furnished the required certificates that the houses had reached the roof level.
dera baba nanak companyoperative house building society ltd.
civil appellate jurisdiction civil appeal number 625 of 1972.
the society challenged the numberice by filling a writ petition in the high court.
number 254 of 1971.
m e state preferred a letters patent appeal which was summarily dismissed.
the society pursuant to the terms of the agreement executed the mortgage.
102000 to its members under the lower income group housing scheme for the purpose of companystructing residential houses on the site measuring 35 100 sq.ft.
k. bagga for the appellants.
the short question that falls for companysideration in the present appeal is whether the amount of loan in question can be recovered as arrears of land revenue by arrest and detention in view of cl.
the society entered into an agreement with the government of panjab whereunder the government agreed to advance a loan of rs.
the judgment of the companyrt was delivered by misra j. the present appeal by special leave is directed against the judgment of a division bench of the high companyrt of punjab and haryana dated 13th september 1971 dismissing the letters patent appeal against the judgment of a learned single judge dated 17th march 1971 allowing the writ petition filed by the respondents.
