DALIP KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 02.6.2008 which has reversed the finding of the trial judge dated 15.3.2002. Vide judgment and decree dated 15.3.2002 the suit filed by the plaintiff Dalip Kumar seeking a declaration (to the effect that the letter of cancellation dated 26.6.1987 issued by the defendant/Delhi Development Authority (DDA) cancelling his plot be declared null and void with a further prayer to restore the residential plot to him) had been decreed in his favour. Impugned judgment had reversed this finding; suit of the plaintiff stood dismissed.

(2.) Plaintiff had applied for allotment of a residential plot under a special scheme of DDA to allottees of shops/ plots in New Subzi Mandi, Azadpur area; his application was dated 18.8.1975; initial amount of '10,000/- was paid as earnest money. Pursuant to the draw of lots, on 30.9.1975 the plaintiff was informed that he had been allotted a residential plot No.J/47, Block No.B, measuring 200 sq. yards in Shalimar Bagh under the aforenoted scheme on payment of a premium of '100/-per sq. yards. Plaintiff was called upon to deposit a sum of '10,011/- on 15.10.1975; plaintiff paid this amount on 09.10.1975 and the requisite documents were also furnished by him, however, the possession of the plot could not be delivered to him; on 26.6.1987 he had received cancellation letter cancelling his plot.

(3.) All the aforenoted facts are undisputed.