Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Application under–Partly allowed with the direction to plaintiffs to pay 9% interest per annum on the remaining consideration amount–Prayer of plaintiffs that it is not a commercial transaction and they cannot be penalized for any inaction on part of defendants–On receipt of the advance amount, papers of property and actual possession was handed over to plaintiffs–They got certain construction/maintenance work and shifted in the flat in question–They were well aware about the fact that the flat in question was constructed without prior permission of the Local Authorities–Now, they cannot use the property without paying the balance consideration–Held, the impugned order passed by the Trial Court does not deserve any interference, however, it is not a commercial transaction, therefore, they are liable to pay Rs. 50,000/- per month qua the user of property.
