MEERA DEVI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiff under Order 27 Rules 5-B and 6 read with Section 151 of the Code of Civil Procedure and in this application it has been prayed that the Secretary of the Delhi Development Authority (for short called DDA), who is the defendant in this case, be directed to appear in person and depose about the service of the notice on 14th March, 1985 as alleged in the written statement filed on behalf of the DDA. It has further been prayed that endeavour be made for settlement of the matter amicably and the possession of the said plot bearing No. BM-52 (Paschimi) Shalimar Bagh Residential Scheme Delhi be given to the plaintiffs.

(2.) Briefly stated, the facts of the case are that the plaintiffs were the highest bidder for the purchase of plot bearing No. BM-52 (Paschimi) Shalimar Bagh Residential Scheme, Delhi in the public auction held by the DDA on 15th October, 1984. The bid price was Rs. 8.1.4 lakhs. The case of the plaintiffs is that the plaintiffs deposited th of the bid amount on 15th October, 1984 and the defendant was to confirm the bid within 30 days and thereafter the plaintiffs were to make the payment for the balance amount within 60 days. It is further alleged by the plaintiffs that the DDA did not confirm the said bid within 30 days from the date of auction, nor any demand was received by the plaintiffs.

(3.) The case of the defendant, however, is that the notice of demand was served upon the plaintiffs on 14th March, 1985 and the bid was also confirmed.