RAKESH KUMAR SACHDEVA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 13.11.2006 which had reversed the findings of the trial Judge dated 11.08.2005. Vide judgment and decree dated 11.08.2005, the suit filed by the plaintiff Rakesh Kumar Sachdeva seeking a decree of declaration against the defendant/Delhi Development Authority (DDA) that an LIG flat be allotted in his favour had been decreed. The impugned judgment had reversed this finding. Suit of the plaintiff stood dismissed.

(2.) THE plaintiff had applied for allotment of an LIG flat vide registration No. 27865 on 31.05.1980. In July, 1994 he learnt that the allotment letter had been issued at his previous address at 2067/38, Naiwala, Karol Bagh, New Delhi. His contention was that he had changed his address and informed the DDA vide his communication dated 21.01.1992 but the DDA had not up dated his new address. This was a negligence on their part. He had thereafter requested the DDA to enlarge his period of payment as he was under financial constraint and could not pay the entire amount of Rs.2,49,515/-; he had admittedly paid the initial amount of Rs.15,000/- on 20.10.1994 but thereafter he had sought relaxation. However the DDA paid no heed; allotment of the plaintiff stood cancelled; suit was accordingly filed.

(3.) ISSUES No. 4 and 5 are relevant for the controversy in issue. The following facts are admitted:-