CHARAN SINGH Vs. NEW OKHALA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Sri Ashish Srivastava, learned counsel for the appellant and Sri M.N. Singh, learned counsel for the respondents.

(2.) THIS first appeal has been filed under section 96 of the Civil Procedure Code, 1908 (in short 'C.P.C.') against the judgement and decree dated 18.12.1997 passed by IV -Additional Civil Judge, (Senior Division) Ghaziabad in Original Suit No. 360 of 1996, Charan Singh Vs. New Okhala Industrial Development Authority (NOIDA) whereby the suit of the plaintiff -appellant (hereinafter referred to as 'appellant') for grant of decree of declaration and permanent injunction was dismissed with costs.

(3.) BRIEF facts as emerged from the record are that the appellant filed Original suit no. 380 of 1995 Charan Singh Vs. NOIDA in the court of Civil Judge (S.D.) Ghaziabad for passing decree of declaration to the effect that order dated 02.03.1996 for cancellation of allotment of plot no. B -40 Block -B Sector -1 Tehsil and Pargana Dadri, District Ghaziabad is illegal, void, ineffective and without jurisdiction and to pass a decree of permanent injunction alongwith other reliefs. The defendant respondent (hereinafter referred to as 'respondent') contested the suit by filing written statement and adducing evidence. The appellant also filed evidence in his support. After hearing the case, trial court dismissed the above original suit filed by appellant vide judgement and decree dated 18.12.1997.