DELHI DEVELOPMENT AUTHORITY Vs. H C SAREEN

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC), is to the impugned judgment and decree dated 13.8.2010, and by which judgment and decree, the trial court has decreed the suit of the respondent/plaintiff by setting aside the cancellation of the allotment of the subject shop and directed for specific performance by granting allotment of the subject shop by the appellant/defendant to the respondent/plaintiff.

(2.) THE facts of the case are that the respondent/plaintiff bid for a Shop No. 45, CSC-2 DDA Market, Sector-9, Rohini, Delhi (in short 'the subject shop') for an amount of Rs.12,13,200/- against the reserve price of Rs. 3,68,000/-. THE bid of the respondent/plaintiff was accepted and he was allotted the subject shop. After the allotment, the respondent/plaintiff wrote a letter dated 27.1.2000, Ex.PW1/1, that there was allegedly misrepresentation to him with respect to the shop not only with respect to its location but also with respect to its size. In this letter dated 27.1.2000 Ex.PW1/A, the respondent/plaintiff stated that the shop was only 15 sq. mtr. and not of 16.26 sq. mtr. and that the shop was allegedly in the back row instead of the front row. In view of this, the respondent/plaintiff requested for refund of the earnest money of Rs.3,03,300/-, meaning thereby, the respondent/plaintiff himself sought to put an end to the contract on the ground of misrepresentation and asked for return of the earnest money.

(3.) ON the aforesaid pleadings of the parties, the trial court framed the following issues:-