NAGAR MAHAPALIKA, KANPUR Vs. PUNJAB ASSOCIATION

JUDGEMENT

(1.) This is a defendant's second appeal. The plaintiff-respondent Punjab Association, filed a suit against the appellant Nagar Mahapalika, Kanpur, for the following reliefs;-

(2.) The basis of the suit is the agreement dated 19th June, 1963 entered into between the Punjab Association and the Kanpur Nagar Mahapalika. The Punjab Association approached the Nagar Mahapalika to give them some land for the purpose of constructing and establishing a community hall and an open air theatre in plot No. 5, Block P, Scheme VII Gutaiya, Kanpur situate in Brijendra Swaroop Park of an area of 2.844 acres. The Nagar Mahapalika agreed to this proposal and an agreement was entered into between the parties on 19th June, 1963. This agreement is Ex. 4 on record. Two most important terms of the agreement were:-

(3.) There were other conditions of the agreement also but it is not necessary to mention each of them. The only other important term was that if within two years from the date of the execution of the agreement the said land is not fully utilised for the purpose it is proposed to be demised then the association would have no claim whatsoever on the Mahapalika. The plaintiff respondents case was that after the execution of the agreement they submitted a plan for sanction on 5th Aug., 1964. This plan along with the cheque was returned to the plaintiff respondent on 8th Oct., 1964 along with an objection memo. The said plan was again submitted after due rectification for sanction on 23rd Oct., 1964 along with the requisite fee of Rs. 1,000. The plan was not sanctioned by the Mukhya Nagar Adhikari and as such the constructions, as were agreed upon, could not be made. In view of the default of the Nagar Mahapalika the plaintiff respondent filed the suit.