MOHAMMAD YUSUF AND ANOTHER Vs. NAGAR NIGAM, GORAKHPUR

JUDGEMENT

(1.) HEARD Learned Counsel for the appellants at the admission stage.

(2.) THIS is plaintiffs' second appeal arising out of O.S. No.1604 of 1995 which was decreed on 07.11.2003 by Civil Judge, Junior Division, Court No.20, Gorakhpur and defendant respondent Nagar Nigam, Gorakhpur was directed to complete the shops in dispute bearing No.5 & 6 within a month and allot one shop to each plaintiff after receiving remaining amount of Rs.45,000/- from each plaintiff along with rent and after completing necessary formalities. Against the said decree defendant respondent Nagar Nigam, Gorakhpur filed Civil Appeal No.90 of 2003, which was allowed by A.D.J. Court No.4, Gorakhpur. Judgment and decree passed by the trial court was set aside and suit of both the plaintiffs was dismissed hence this second appeal.

(3.) THE defendant pleaded that in the locality Turkbhanpur Barafkhana it had constructed 50 shops which were offered for allotment to the general public through advertisement and premium of 30 shops was Rs.50,000/- each and the size was 3 meter X 2.4 meter. The rent was Rs.300/- per month. Rest 20 shops were of lesser area i.e. 2.4 meter X 5 meter and premium for each such shop was Rs.20,000/- and rent was Rs.100/- per month. It was admitted that plaintiffs had got themselves registered for allotment of one shop each. It was further stated that allotment letters were issued to the plaintiffs on 21.01.1997 allotting Shops No.5 & 6. It was further stated that in the allotment letter it was stated that remaining amount of premium i.e. Rs.45,000/ - and three months' advance rent i.e. Rs.900/ - should be deposited by each plaintiff within one month of receipt of allotment letter. They were also required to submit proper stamp papers for execution of agreement and to get possession otherwise allotment would be deemed to be cancelled. However, plaintiffs did not deposit any amount and get the agreement executed. It was further stated that Nagar Nigam had afterwards decided to sell the shops.