KANPUR DEVELOPMENT AUTHORITY Vs. SARDAR INDRA PAL SINGH

JUDGEMENT

(1.) A suit for specific performance was filed by the plaintiff being Suit No.2257 of 1993 with a prayer that the defendant be directed to execute a sale deed of plot no.332, Block "D", Defence Colony, Jajmau, Kanpur Nagar in favour of the plaintiff. This suit was decreed on 28.1.2006. The First Appeal filed by the appellant-Kanpur Development Authority was again dismissed on 14.5.2008. The case of the plaintiff was that he had purchased, in an auction sale, the plot in question on 20.3.1966. Thereafter when no action was taken by the Kanpur Development Authority, he wrote to them to finally execute the sale deed in his favour in view of the auction sale. This letter, it has been claimed by the plaintiff, bore results on 29.3.1993 when the plaintiff was directed to deposit Rs.62,375.96. This was the 75% of the sale proceeds along with simple interest. The plaintiff claimed that even though this permission was granted on 29.3.1993, the actual direction to deposit the amount was given to the plaintiff on 31.7.1993 and in pursuance thereof he had deposited the amount on 10.8.1993. However, when, thereafter, the execution of the sale deed did not take place, he filed the suit from which the instant Second Appeal has arisen.

(2.) The Trial Court framed as many as nine issues and specifically while deciding Issue Nos.2, 3 and 4, held that in fact the demand was raised by a letter dated 31.7.1993. The further finding of the Trial Court was that the case taken by the defendant that in fact the plaintiff had deposited the money on 22.3.1993 and not on 10.8.1993 was also not believed and a specific finding was arrived at that in fact the amount which the plaintiff had deposited was on 10.8.1993.

(3.) The First Appellate Court also agreed with the findings of the Trial Court that the letter dated 31.7.1993 was issued by the appellant-defendant and that in pursuance thereof the plaintiff within 15 days had deposited the amount.