TEJ RAM Vs. FARIDABAD COMPLEX ADMINISTRATION

JUDGEMENT

(1.) The second appeal is admitted on the following substantial questions of law:-

(2.) The second appeal is against the concurrent judgments of the trial Court and the Appellate Court dismissing the notice of cancellation of the sale approved in favour of the plaintiff. Both the Courts have held that the sales approved by the Municipal Committee contemplated the user of the property for establishing a petrol pump and admittedly, the plaintiff had not put the property to such a use. Consequently, there had been a breach of condition of the sale and the cancellation ordered was, therefore, perfectly justified.

(3.) The appellant contends that while the initial grant of lease in favour of the plaintiff was for the purpose of establishing a petrol pump and the lease period was for 20 years, the proposal for sale had been initiated at the request of the plaintiff for its inability to use of the property for the purpose for which it was leased and seeking for permission for sale so that the investment made by the plaintiff by levelling the property is put to a more viable use. The resolution by the Municipal Committee was passed initially on 05.01.1972 approving of a proposal for a transfer at Rs. 8 per square yard and since the resolution was passed subject to approval of the Deputy Commissioner, the matter was placed before the Deputy Commissioner who sanctioned the alienation of the property at Rs. 18/- per square yard on 07.06.1972 and that the price should be deposited within 15 days from the date when the order was issued. It is not in dispute that the plaintiff had also deposited the money within the time prescribed on 20.06.1972. The cause of action for the suit was a purported order of cancellation of sale made by the Administrator on 25.09.1979 on the ground that the plaintiff had failed to establish a petrol pump for which the lease was originally granted and that sale was also subsequently made only for the same purpose and that it was liable for cancellation when the condition had not been fulfilled. Both the Courts have admitted to such a cause.