ORDER : 1. The delay of 62 days in filing the special leave petition is condoned. 2. This petition is directed against the judgment of the Punjab and Haryana High Court whereby the second appeal preferred by the respondents against the judgment and decree passed by the lower appellate Court was allowed and the decree passed by the trial Court dismissing the suit for declaration and injunction filed by the petitioner was restored. 3. On the basis of highest bid given by him, the Estate Officer, Haryana Urban Development Authority, Panchkula allotted built up booth No. 88, Sector 15, Panchkula to the petitioner subject to the terms and conditions enumerated in the allotment letter dated 12.1.1987. After about seven years, the competent authority resumed the booth together with the building constructed thereon because the petitioner persistently failed to pay the installments of price in accordance with the schedule specified in the allotment letter. 4. The appeal preferred by the petitioner was dismissed by the Administrator, Haryana Urban Development Authority, Panchkula. 5. The petitioner challenged the resumption of booth in Civil Suit No. 233 of 2007. After considering the rival pleadings and evidence, the trial Court dismissed the suit on the ground that the petitioner had not only defaulted in paying the installments, but also violated other conditions of allotment. 6. The lower appellate Court reversed the decree passed by the trial Court and directed restoration of booth site in favour of the appellant. 7. The second appeal preferred by the respondent was allowed by the learned Single Judge, who held that the finding recorded by the lower appellate Court on the issue of violation of the conditions of allotment was ex facie erroneous and untenable. 8. We have heard learned counsel for the petitioner for some time and perused the record. In our view, the lower appellate Court had gravely erred in allowing the appeal preferred by the petitioner and directing restoration of the booth site which had been resumed on account of continuous default by the petitioner in making payment of the installments and the learned Single Judge rightly set aside the appellate decree because the petitioner had not adduced any evidence to show that he had not violated the conditions of allotment or that he had not defaulted in payment of the installments of price. 9. The special leave petition is accordingly dismissed. 10. 9. The special leave petition is accordingly dismissed. 10. The respondents are directed to take physical possession of the booth site, if necessary by use of force and auction the same in accordance with the relevant provisions of the Haryana Urban Development Authority Act, 1977 and the rules and regulations framed therein. 11. The Registry is directed to send copies of this order to the Chairman and the Managing Director, Haryana Urban Development Authority, Panchkula by fax.