(1.) The petitions under Art.226 of the Constitution are directed against an order of the IV Additional District Judge, Agra dt. 19th Feb. 1981.
(2.) On Dec. 17, 1970, Om Prakash Gautam (hereinafter referred to as the 'petitioner') applied to the Nagar Mahapalika, Agra, for grant of lease in respect of 550 square yards of land under the Jaipur House Residential Colony Scheme. A sum of Rs. 5,500/- was also deposited by him on the same date. Resolution was passed in April/May, 1971, by the Executive Committee, Nagar Mahapalika allotting plot No. 169 to the petitioner. The balance of the required amount for the grant of lease, however remained undeposited until Sept. 30, 1972. The petitioner contends that he was not informed of the allotment; the respondents maintained that information had been duly given in writing to his address. On 20th May, 1972, there was a general decision taken by the Executive Committee concerning such defaulters that time to deposit the balance shall stand extended up to 15th June, 1972, and that on failure to make the deposit within that period the advanced deposit shall be liable to deduction at the rate of seven-and-half per cent and the rest shall be refunded and the allotment cancelled. The allotment to the petitioner was rescinded on 5th Sept. 1972. In the meantime Smt. Gayatri Devi (hereinafter referred to as the 'respondent') applied on August 28, 1972, for grant of lease to her and made deposit of Rs. 4,000/- by cheque. On Sept. 30,1972, the petitioner applied for being permitted to deposit Rs. 16,450/- as the balance for the lease money, which he was permitted to do at his risk and the file was directed to be put up. After considering the matter on 5th Jan. 1973, the Executive Committee took the decision that allotment to the petitioner shall stand cancelled and the amount be refunded to him after aforementioned deduction.
(3.) The petitioner instituted Original Suit No. 117 of 1973 on 16th Feb. 1973, in the Court of Munsif, Agra, seeking permanent injunction restraining the Nagar Mahapalika from giving effect or enforcing the allotment in favour of the respondent and from executing lease in respect of plot No. 169 in her favour. The respondent has put in contest. The Agra Development Authority, which replaced the Nagar Mahapalika under the Uttar Pradesh Urban Planning and Development Act, 1973, executed lease for ninety-nine years under a registered instrument in favour of the respondent on 15th Dec. 1978, for consideration of Rs. 22,270/-. The petitioner applied on 26th May, 1977, for amendment in the plaint seeking to add the relief for specific performance in his favour. The application was rejected by the trial Court on 24th Sept. 1977. Civil Revision No. 3049 of 1977 filed by the petitioner against this order was dismissed by this Court on 29th Sept. 1978, on ground that the alleged cause of action for specific performance had become barred by limitation and hence the amendment could not be permitted.