RITU GUPTA Vs. BABITA DEVI

JUDGEMENT

(1.) The appellant has challenged the judgments of the Courts below whereby the suit preferred by her for permanent and mandatory injunction restraining the defendants from raising any type of construction over the suit land has been declined.

(2.) The Appellate Court had partly allowed the appeal of the appellant to the extent that respondents/defendants No.3 and 4 will refund the costs of decreased area of 9 square meters of the plot allotted to the plaintiff within two months of the judgment, as per rules and prevailing rate, failing which the appellant/plaintiff would be entitled to interest at the rate of 9% per annum from the date of filing of the suit till its payment.

(3.) Learned counsel for the appellant contends that the allotment had been made to the appellant for a plot measuring 300 square metres and she had paid the price for the same but the area which had been allotted to her was 9 square meters less and, therefore, she was entitled to allotment of an alternative plot which was available.