MARKET COMMITTEE, BABAIN Vs. MAYA RAM

JUDGEMENT

(1.) While assailing the correctness of the impugned order dtd. 24/8/2018, passed by the First Appellate Court, the Market Committee, Babain, has come up in a revision petition before this Court. The First Appellate Court has dismissed its first appeal while refusing to condone the delay of 3 years and 10 days in filing the appeal.

(2.) The relevant, in brief, are as under.

(3.) The respondent (the plaintiff in the trial court) filed a suit for grant of decree of declaration to the effect that the notice No. 784 dtd. 19/12/2009 issued by the defendant is illegal, null and void and the plaintiff has been wrongly directed to close all the business activities other than that of the agricultural produce in the allotted booth. In substance, the plaintiff claims that he has been allotted Booth no. 141 against a payment of a sum of Rs.62,000.00 in the Grain Market, Babain and as per the terms and conditions of the allotment, the defendants had to offer possession of the plot to the plaintiff within 30 days from the date of allotment, provided that all the mandatory facilities in the market are taken care of. It has been pleaded that the plaintiff has deposited a sum of Rs.73,060.02 against the price of Rs.62,000.00 whereas the defendant has wrongly issued notice demanding the payment of the balance amount as well as penalty for not constructing on the allotted plot. The trial court decreed the suit on 18/7/2014. While filing the first appeal, the petitioner, Market Committee filed an application for seeking the condonation of delay of 3 years and 10 days. Para 2 and 3 of the application reads as under:-