GHAZIABAD DEVELOPMENT AUTHORITY GHAZIABAD Vs. LAJJA RAM

JUDGEMENT

(1.) Though the appeals were admitted by Hon. R. N. Raysince retired) vide order dated 10-12-97 no substantial questions of law were formulated. However, Sri A. K. Mishra, learned counsel for the appellant has pressed the two appeals on following substantial questions of law formulated by him in the of memos appeal :-

(2.) In Second Appeal No. 1139 of 1997 one more question raised is that the trial Court decreed the suit for allotment of certain lands to the plaintiffs-respondents on payment of consideration as directed by the Courts below. The decree is in the nature of specific performance of the contract. There was no agreement. Hence the said decree is without jurisdiction.

(3.) Since in both the appeals the questions raised are identical it would be convenient to decide both the appeals by a common judgment.