MUNICIPAL CORPORATION Vs. USHA KUMARI

JUDGEMENT

(1.) THE respondent-plaintiff participated in auction for sale of the plots held by the Municipal Corporation, Amritsar. She became the highest bidder in respect of plot No. 104 and the auction was held on 22.8.1990. In accordance with the terms of the auction, she deposited the sale consideration. Thereafter, she made certain representation to the Corporation for the execution of the sale deed. The Corporation failed to execute the sale deed and deliver the possession of the property which compelled her to file the suit for mandatory injunction directing the Corporation to execute the sale deed and also to deliver the possession of the property purchased in the auction by her. In defence, the Corporation took the plea that plot No. 104 falls in green belt and therefore, it could not have been auctioned. 2. The Corporation offered Plot No. 4 to the plaintiff. The plaintiff did not accept the offer of Plot No. 4. On the basis of the evidence adduced before the Courts below, they came to the conclusion that plot No. 104 is not in the green belt area and there was no green belt area of plot No. 104 at the time of auction. The report of the local Commissioner which is marked as P-A also does not show that Plot No. 104 was a green belt area. The report only shows that there were bushes in the plot which was lying vacant. The findings arrived at by both the Courts below are based on a proper appreciation of evidence. This Court in second appeal will not ordinarily go into the findings of fact recorded by the Courts below. After giving careful consideration to the judgments of the Courts below, I do not find any error or misappreciation of evidence on record. The second appeal is devoid of merit and is dismissed accordingly. No costs. Appeal dismissed.