DEVI DAYAL Vs. RAJESH KUMAR DUGGAL AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 25.10.2008 passed by the learned Courts below vide which the suit for declaration with consequential relief of permanent injunction filed by the respondent/plaintiff stands decreed.

(2.) THE plaintiff brought a suit on the pleadings that he was running business in the name and style of M/s Rajesh Corporation and was in the business of agriculture implements and machines etc. The plaintiff in pursuance to the offer made, applied for allotment of industrial plot in Sector 37, Pace City -I, Gurgaon. He deposited the earnest money of the tentative price of the industrial plot to be allotted. The plaintiff was interviewed at Panchkula, where he submitted his project report, and the allotment committee on 20.11.2003 recommended the allotment of industrial plot No. 61, Sector 37, Pace City -I, Gurgaon. The plaintiffs name appeared at serial No. 26 of the list of persons recommended for allotment.

(3.) IT was also pleaded that it was with mala fide intention and connivance of the officials of defendant No. 1, that the appellant/defendant was able to get the plot exchanged.