MADHYA PRADESH HOUSING BOARD, GWALIOR Vs. SHANTI DEVI

JUDGEMENT

(1.) This Second Appeal under Section 100 of the code of Civil Procedure has been filed by the defendant/appellant - M.P.Housing Board, who happens to the instrumentality of the State, being aggrieved by the judgment and decree dt.07.03.1998 passed by the Additional District Judge Datia (M.P.) in Civil Appeal No.29A/1990, confirming the judgment and decree dated 16.11.1989 passed by the Third Civil Judge, Class II, Datia in Civil Suit No.85-A/87, whereby the suit filed by the respondents/plaintiffs was allowed.

(2.) Initially, the respondents/plaintiffs had filed the suit for declaration and permanent injunction on the ground that they were entitled to allotment of residential plot @ Rs.1.50 per sq.ft. and Housing Board had no power to enhance the price and had also prayed for an injunction that the Housing Board be restrained from allotting the residential plots to others. A detailed written statement was filed by the appellant/ defendant denying the claim.

(3.) On the basis of the pleadings of the parties, learned trial court recorded the evidence led by the parties and thereafter vide judgment and decree dated 16.11.1989 decreed the suit holding that the appellant/defendant shall allot the residential plot ad measuring 40 x 60 sq. ft. situated near the Bus Stand Datia @ Rs.1.50 per sq. ft. in accordance with rules within a period of two months. Being aggrieved, the appellant/defendant preferred First Appeal under Section 96 of the Code of Civil Procedure, which was dismissed vide judgment and decree dated 07.03.1998 on the ground of limitation. Being aggrieved, the present Second Appeal has been filed with a delay of 6972 days.