DDA Vs. RAMA ASSOCIATIONS PVT LTD

JUDGEMENT

(1.) These are two appeals by the unsuccessful common defendant Delhi Development Authority (hereafter called "DDA") against the common impugned judgment dated 16.7.2012 of learned Single Judge in CS (OS) No. 993/1983 and 1633/1983.

(2.) The facts in both the suits are identical, except for difference in figures. In RFA No.8/2013, the challenge is to the decision in CS(OS) No. 993/1983. The factual matrix is that the DDA had auctioned a commercial plot viz. Plot no.8, Asaf Ali Road, Delhi. An auction was conducted, and the plaintiff was the highest bidder, quoting the price of '1.92 crores. At the fall of the hammer, the plaintiff deposited 25% of the amount i.e. Rs. 48 lakhs, as per the terms and conditions of the auction. Apparently, the plaintiff later found out that the contract was entered into by misrepresentation; it thus cancelled the contract by notice dated 13.4.1982. In RFA No. 5/2013, which impugns the judgment and decree in CS(OS) 1633/1983, all material facts are similar, the only difference being that the amount of earnest money deposited by the plaintiff therein was Rs. 46.5 lakhs, in respect of another plot.

(3.) The issues framed in CS(OS) No. 993/1983 by order dated 1.12.1983 are: