R K ANEJA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In the suit instituted on 5th March, 1979, the plaintiff prayed for grant of a decree for declaration that the orders of defendant in making a demand of Rs. 47,111.00 with interest in respect of plot No.112, Block No. A/M, (Dakshani) Shalimar Bagh Residential Scheme, New Delhi (hereinafter referred to as "the plot") and subsequently its cancellation and forfeiture of the amount and reauctioning the same is illegal, without jurisdiction and wrongful. As a consequential relief the plaintiff prayed for the restoration of the allotment of the plot in question.

(2.) There was an office objection as regards Court fee payable on the plaint. Plaintiff sought amendment by moving I.A.785/79, which was allowed ex parte on 12th March, 1979, since defendant had not yet been summoned. In the amended plaint dated 8th March, 1979 the following prayer was made :-

(3.) Summons were directed to be issued to the defendant of this suit. After the defendant had been served and written statement was filed, I.A. 2198/80 was moved seeking further amendment to the plaint. By this application, plaintiff wanted to convert the suit to a suit for specific performance of the contract. This application was allowed on 1st October, 1980. The plaintiff was permitted to carry out amendment. In the amended plaint, the plaintiff has prayed for the following reliefs:-