(1.) Appellant Tanay Awasthy in W.A No.2/2006 and the appellant Jabalpur Development Authority in W.A No.278/2006 have filed their respective appeal under the provisions of Section 2(1) of the M.P Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 13.2.2006 passed by the learned Single Judge in W.P No.4539/2000.
(2.) The facts and issues involved in both these appeals being identical, they are heard and decided concomitantly.
(3.) The brief facts, which have been stated by the parties in their pleadings, are that the respondent no.1 Dr. Naresh Tiwari applied for allotment of Flat No.8/1 under Scheme No.27 Katanga Colony of the respondent JDA in the year 1988 which was ultimately allotted to him for a consideration of Rs.1.90 lakhs, pursuant to which the respondent no.1 deposited a sum of Rs.50,000/- on 22.6.1998 and thereafter Rs.22,173/- on 9.8.1988 and an order of allotment dated 12.8.1988 was issued in his favour. The order of allotment required the respondents to enter into an agreement with the respondent JDA and to deposit the balance amount of Rs.1,17,827/- in lumpsum or in the alternative in quarterly installment of Rs.22,125/- by 9.2.1990.