SANTOSH BHARTI Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal preferred under Section 100, CPC, the plaintiffs have challenged the judgment and decree of the trial Court dismissing his suit and affirmed by the first appellate Court.

(2.) A suit for declaration and injunction has been filed by the plaintiffs that the 'blue print' of shopping complex which was shown to him by defendants Nos. 1, 2 and 3 be constructed in the Mission Colony, Damoh Situated at Sagar-JabaLpur Road and the shops be allotted to them. According to the plaintiffs except the suit place, the defendants should not construct the shopping complex at any other place.

(3.) According to the plaintiffs the defendants advertised an advertisement that they are going to construct a shopping complex and the intended purchaser may submit applications for the allotment of the shops. The plaintiffs approached Assistant Engineer N. K. Deshpande who told them that the proposed shopping complex shall be constructed at the place which has been indicated hereinabove and, accordingly, the plaintiffs deposited the amount and when the construction was raised, it was found by them the same is being raised at some other place. Hence a suit for declaration and injunction has been filed by the plaintiffs that the place which was shown to them in the 'blue map', the defendants be directed to construct the shopping complex at that place and shops be allotted to the plaintiffs. The plaintiffs further prayed that defendants be restrained from raising construction of shopping complex at any other place except at the place which was shown to them.