VIJAY KRISHNA Vs. NARESH

JUDGEMENT

(1.) By this first appeal u/S.96 of the CPC, the defendant No.3 in the suit has challenged the judgment of the trial court dated 22/10/1999 passed in CS No.69-A/1999 decreeing the suit filed by the respondent No.1 (plaintiff).

(2.) The undisputed facts are that the respondent No.2 had developed the Mehatani Market in M.T.H. Compound, Indore and had invited applications for allotment of the shops on the first floor on the basis of the right of occupation. The respondent No.2 and 3 have also not disputed that the respondent No.1 had deposited a sum of Rs.91,000/- for allotment of shop and initially shop No.128 was allotted to the respondent No.1 vide Resolution dated 23/3/1987 and thereafter vide Resolution dated 17/1/1989 shop No.123 was allotted in place of Shop No.128 to the respondent No.1. The suit shop is shop No.123. In pursuance to the said allotment the respondent No.1 had deposited the advance rent, registration charges, stamp duty amount etc.

(3.) The respondent No.1 had filed the suit for specific performance, possession and mesne profits with the plea that the suit shop being the shop No.123 was allotted to him and he had also deposited the requisite amount and the possession receipt was also given to him but the possession was not delivered. Vide letter dated 4/3/1989 respondent No.1 had demanded delivery of actual physical possession of the suit shop and had also contacted the authorities of the respondent No.2, but he was told that after execution of the lease deed and its registration only the possession will be given and separate intimation will be send for execution of the lease deed, but neither the intimation for lease deed was given nor the possession was given, therefore, the legal notice dated 29/3/1989 was given by the respondent No.1 to the respondent No.2 and 3, but no action was taken by the respondent No.2 and 3, therefore, the present suit was filed with the prayer to execute the lease deed, register it and to deliver the possession of the suit shop No.123 to the respondent No.1 and also to pay damages @ Rs.1000/- per month from the date of filing of the suit.